THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY OF LONDON, AND ALSO, The Gaol Delivery FOR THE COUNTY OF MIDDLESEX, HELD AT JUSTICE-HALL, IN THE OLD BAILEY, On WEDNESDAY the 22d of JUNE, 1796, and the following Days, BEING THE SIXTH SESSION IN THE MAYORALTY OF The Right Honourable WILLIAM CURTIS, EsQ. LORD MAYOR OF THE CITY OF LONDON.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY OF LONDON, & c.

BEFORE WILLIAM CURTIS ,Esq. LORD MAYOR of the CITY of LONDON; the Right Honourable Sir ARCHIBALD MACDONALD , Knight, Lord Chief Baron of His Majesty's Court of Exchequer; Sir SOULDEN LAWRENCE , Knight, one of the Justices of His Majesty's Court of King's Bench; and Sir FRANCIS BULLER , Knight, one of the Justices of His Majesty's Court of Common Pleas; Sir JOHN WILLIAM ROSE , Knight, Serjeant at Law, Recorder of the said City; JOHN SILVERSTER , Esq. Common-Serjeant at Law of the said City; and others, His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Gaol Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

385. WILLIAM JENKS was indicted for burglariously breaking and entering the dwelling-house of Joseph Davis , about the hour of one in the night of the 23d of May , with intent the goods of Joseph Wakelin , in the said house then being, burglariously to steal, take, and carry away .

JOSEPH DAVIS sworn.

I keep the Bell in Newton-street, High Holborn : On the 24th of May, about one o'clock in the morning, I was alarmed; I went to bed about twelve, and fastened the house myself; I was alarmed by my room window being broke by something thrown from the street, and the springing of rattles; the watchman called to me and told me there were people in the house; I went down stairs, and saw the door leading from the cellar into the passage open, where we go down to draw the beer; the street door being open, the watchman and my lodger, William Bick , went down into the cellar; I saw Bick take the prisoner under the flap of the cellar window, he was lying there and pretended to be drunk; I found a pistol loaded behind the ale cask in the cellar, that was brought in that evening,(producing it); the same morning I got up, and Henry Mason , another of my lodgers, picked this up in my presence against the tap-room door adjoining to the bar,(produces an iron crow;) there was a mark of twice the breadth of the crow at the cellar-flap where he must have got in.

Q. How was that flap fastened? - A. By a pin that goes through into the bar and a key.

Q. How did you find it afterwards? - A. Just as I had left it except the mark of the crow.

Prisoner. I was very much in liquor. Was I in a concealed manner? - A. He lay open enough with his legs into the cellar, and his body under the cellar-flap.

WILLIAM BICK sworn.

I am a lodger with the last witness; I came home about one o'clock in the morning, and there was a man appeared very much in liquor standing at the door, and asked me to let him lie down there, it was not the prisoner; my wife came down to let me in, and saw a man standing at the top of the cellar stairs, with a candle in his hand; then she went up stair and called out at the window that there were thieves in the cellar, and immediately I called the watch and flung up something out of the street to wake the landlord; one of the lodgers came down, and I went into the cellar and found the prisoner lying under the cellar-flap.

Q. How far were you from the cellar-slap before you went down? - A. Just by.

Q. Was it open then? - A. It was not.

Q. Had he any candle? - A. No; I did not observe any candle at all; I took him to the watch-house.

SUSANNAH BICK sworn.

I came down stairs to let my husband in, and saw a light by the bar-door about one o'clock in the morning; the bar-door is a little way from the cellar stairs.

Q. Was the bar-door open or shut? - A. Open; I saw a person's head, but through the glass I could not discern their face.

HENRY MASON sworn.

I am a lodger with the prosecutor; I was alarmed, I got up and went into the cellar, the prisoner was then in the care of the watchman; in the morning about six o'clock, going out to work, I saw a crow lie in the passage, which I picked up and gave to Mr. Davis.

LYDIA PAYNE sworn.

I picked up some matches in the cellar about eight o'clock in the morning, just within the door of the further cellar, and a candle at the side of the cellar stairs.

Q. To Mrs. Bick. What became of the light? - A. I did not stop to see; I ran up stairs, I was very much frightened.

THOMAS GOSNELL sworn.

I am a watchman: On the 23d of the night of last month, I was called by another watchman; I ran into Newton-street, and Bick said there were thieves in the house, he threw things up at the windows to wake the landlord; we soon got in, and Bick and I went into the cellar; I found the prisoner lying under the flap of the cellar, I took him up stairs; there were two other watchmen, and we took him to the watch-house; he pretended to be drunk at the watch house.

JAMES POWELL sworn.

I am a watchman, and went to the prosecutor's house; I saw the door and shutters all fate; somebody cried out, take care of the slaps of the cellar; I went from one flap to the other; they are about five yards distance from one another, and it was rising up about six inches. I jumped upon it immediately and called out, here they are; I sprung

my rattle, and then I stopped to keep them from coming out; another watchman came up out of the cellar with the prisoner.

Q. Did you observe any mark of a crow upon that flap? - A. No, I did not; it was about three yards from the door that was the nearest.

THOMAS BANGEY sworn.

I am a watchman: I stood outside the door; I was not in the cellar at all.

Q. To Davis. Who is Mr. Wakelin? - A. I do not know.

Court. I suppose the fact is, that the clerk of the indictments has written Wakelin instead of Davies.

Q. To Davis. Do both these flaps go into the same cellar? - A. No; they belong to two distinct cellars, which communicate with each other.

Q. Which of the flaps was it that you observed the mark of the crow upon? - A. That nearest to the street-door.

Q. How is the other flap fastened? - A. With a padlock.

Q. Describe the fastening of that flap under which the prisoner was found? - A. There is a flap upon a frame, and the door shuts down upon it, and then it is fastened inside with a key.

Q. Did you search any other part of the house afterwards, to see if there was any other person there? - A. Yes; every part that we could think of; I did not go to the watch-house with him.

Prisoner's defence. I had been out with some acquaintances to a christening, and got very much in liquor; I was making the best of my way home, and how I got down in the cellar I cannot tell; I frequented this man's house, and he knows me very well.

Prosecutor. To the best of my knowledge I never saw the man in my life before.

For the Prisoner.

JOSEPH BOOTH sworn.

I have known the prisoner two years, he is a green-grocer ; I am a boot-maker; I never knew any thing of him but honesty and civility; I keep a chandler's shop facing where he lives.

GUILTY . Death . (Aged 22.)

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-2

386. PETER ROBINSON was indicted for maliciously and feloniously shooting at John Davis , on the 17th of May , with a certain pistol, the said John Davis being then in the King's highway .

Second Court. Charging him with the like shooting, but not charging the pistol to be loaded.

(The case was opened by Mr. Raine.)

JOHN DAVIS sworn.

Examined by Mr. Raine. I am a pork-butcher in Oxford-street; On Whit-Tuesday the 17th of May, I had been at Finchley; I was coming home between seven and eight o'clock in the evening, and at the foot of Highgate-hill, on the other side, I heard something come rattling pretty near me, and I perceived it to be Lord Lonsdale's carriage; they went gently up the hill, and I followed them, and when they came nearly to the brow of the hill some of the gentlemen in the carriage ordered the postillions to stop at the Flask, which they did; on their stopping and dismounting my horse passed them again; my horse went on, and I passed the carriage; when I was nearly halfway down the hill they passed me a second time, going at the rate of five of six miles an hour; and when I came nearly to the foot of the hill on this side of the chapel, Kentish town , my horse was going past them I suppose two or three yards off the carriage; it is a very wide part of the road; my horse's head must have been then even with the fore wheel of the carriage, when the post-boy looking behind and seeing my horse likely to go past them, set off as hard as they could gallop; they went on about two hundred yards further, when the prisoner, Robinson, came riding past me on horseback, and struck my horse several times over his head with the double thong of his whip, I cannot say how many times, but it was more than once or twice he struck him, so that the horse gave way a great way; if it had been a young horse he might have gone over the bank; I called the prisoner a scoundrel, or something of that sort, and he rode off; he said something which my wife heard, but I did not,being very much exasperated; I made the best of my way after him, and I overtook him paying the toll at Tottenham-court gate; I got out of my chaise and went to the prisoner, who was sitting on horseback, and called him, I believe, a rascal or a scoundrel, or something of that sort; he made me no reply; I then insisted uon knowing who he was and what he was, and took hold of his horse's head; the first reply he made was, if I did not let go his horse's head he would shoot me; my being very warm at the time, I told him to shoot away and be damned; I did not let go the bridle; the prisoner then took his pistol out of his bolster, and when he took it out it was in a level towards me; in the dark I could see his elbow go so to cock the pistol, but whether the point was directed towards me at the time he fired I cannot say.

Q. Did it go off? - A. It did; I still kept hold of his horse's head, and he knocked me down with his pistol.

Q. Which end? - A. The thin end, I don't think he had time to turn it; he then rode off, and there was a cry of murder and stop thief; he galloped about one hundred yards and then

I heard he was taken; I don't think it could be more than two minutes the whole of the time that I was at the toll-gate and his being taken.

Cross-examined by Mr. Fielding. Q. You had a good horse I take it for granted in your whiskey? - A. I had.

Q. And you were determined to get before the carriage? - A. I made no effort whatever to overtake the carriage; I was going at the same pace that I was before.

Q. You did not swerve more into the track of the carriage than before? - A. I was in the middle of the road when the prisoner passed me.

Q. Was there a sufficient light for you to observe the carriage that there was a coronet upon it; - A. No, it was not light enough to see that.

Q. How long was it before you knew that this was Lord Lonsdale's carriage? - A. Not till after I was knocked down.

Q. Did not he tell you himself he was Lord Lonsdale's servant? - A. He did not.

Q. When you did happen to know that it was Lord Lonsdale's carriage, do you recollect any thing you said upon the occasion? - A. Not that I recollect.

Q. At the toll-gate all that happened was of your own seeking; you laid hold of the horse's head? - A. Yes.

Q. Do you recollect laying hold of the holster yourself? - A. No.

Q. Did you never happen to meet with any thing of this sort before? - A. No.

Q. No scrape with a watchman? - A. That has happened to other people besides me.

Q. You were indicted by a watchman? - A. Yes.

Q. You gave your wife the reins when you jumped out? - A. No; the horse walked on.

Q. You did not ask any questions at the turnpike? - A. Only to know why he had struck my horse.

Q. You had called him rascal and scoundrel on the road, and again when you attacked him at the turnpike? - A. Yes.

Q. It must have been sudden this snatching the pistol from the holster? - A. Yes.

Q. You received no bodily harm? - A. No.

Q. If he had intended to shoot you he could not well have missed you? - A. I cannot say for his intention.

Q. Did you hear any observations made there by the people? - A. I cannot say I recollect any particular observations.

Q. Do you recollect the observation, that it was impossible for the man to have intended to shoot you, because the slash was on the other side of the horse's neck. - A. I don't recollect it.

Court. Q. Was the flash towards you or not? - A. I cannot tell.

- BROUGH sworn.

I take the tolls at Tottenham-court gate; on Whit-Tuesday, at night, about twenty minutes past nine, a gentleman's carriage came through, and the post-boys said there was a servant behind; the servant came up, and gave me a shilling; I went into the house to look at the candle to see if it was a good one; I had the change in my hand, and when I came out I saw this gentleman, Mr. Davis, jump out of the chaise in the middle of the gateway; the footman's horse and the chaise-horse were a-breast; the first thing that Davis said was, what do you mean by striking my horse; I will know who and what you are, and have satisfaction for striking my horse before I let you go; Davis had hold of the horse, and I saw the footman unbuckle the strap and take a little pistol out of the holster and fired it off immediately.

Q. Did you see in what direction? - A. I did not; nor I did not see any blow; I saw the smoke, and the prosecutor lying upon his side; and I said the man is shot, by God! Davis came to me with his face all over blood.

Mr. Fielding.(To Davis.) Q. I believe, you have found a bill at Hicke's Hall for a misdemeanor? - A. Yes.

ROBERT CLARKE sworn.

Examined by Mr. Raine. I live in Upper Cleveland-street, Tottenham Court-road; I was present when the prisoner was secured; when I came up to the turnpike, I saw the prisoner on horse-back, and Davis standing along side him; I saw the prisoner fire off a pistol, I cannot say in what direction it was fired, I was about a couple of yards from him, I saw him strike Davis twice over the head, till he knocked him down; he was stopped at some distance, and I went into the room of a public-house where he was, with Croker, and he seemed to be in a great passion, he gave every body ill-language; Croker said, he should not be so rash, or so violent, and asked him what would have been the consequence if he had shot the man; he replied, that he was sorry that he did not shoot him.

Cross-examined by Mr. Fielding. Q. Did you see him when he was pulled off the horse by the patrole? - A. Yes.

Q. A great many people pushed about him? - A. Yes.

Q. And he was in a great degree of exasperation in consequence of that usage? - A. Yes.

HENRY CROKER sworn.

Examined by Mr. Raine. I am a patrole belonging to Bow-street, Hampstead and Highgate is my road when on duty: On the 17th of May, after nine o'clock, I and two men were going on our duty, I saw, about 100 or 150 yards on this side of the gate, a slash of a pistol, and immediat by a

report; I said to the men, here is something amiss, immediately upon that followed a cry of stop-thief and murder, and immediately came up this man, riding as hard as he could gallop, we stopped him, swift as he was, he was very violent and passionate, he said he was a servant of Lord Lonsdale's; I told him we were officers of Bow-street, several people were for pulling him off his horse, but I begged they would leave him to us; we took him into a public-house called the Gate, and left one of the men, Mackey, in the care of the horse, while I, with the other persons, went up in to the room, he was very passionate, saying, that we were a set of fellows that wanted to take advantage of him; he began to be a little cooler, it is a pity such a man as you should carry a pistol, says I, don't be passionate; what would have been the consequence, provided you had killed that man; I wish I had, he said,(I had taken charge of him before that), that he had been shot at; Davis's face was all over blood, I immediately made a remark of it, and some people in the room heard what he said, and I told him I was sorry he was so violent, (produces a pistol); I had this from Mackey, loaded, and I was ordered by the Magistrate to draw it, which I did, and I found a very small quantity of powder, and wadding, and a ball,(produces it).

Court. Q. Was it primed? - A. Yes.

Mr. Raine. Q. Was it loaded in such a manner that it could be discharged if cocked? - A. There was a small quantity of powder, whether it had dropped out any how, I cannot say..

Cross-examined by Mr. Fielding. Q. He told you instantly, he was a servant of Lord Lonsdale's, and supposed you wanted to take advantage of him? - A. Yes.

Q. He was in a state of confusion, and great irritation? - A. Yes; I told him who we were, that we were out for the public good.

ALEXANDER MACKEY sworn.

I was out with the last witness, on the 17th of May, I saw the slash, I heard the cry of stop thief and murder, and I then saw a man riding as hard as he could gallop, with a pistol in his hand; I caught hold of his bridle, and turned the horse round, he threw this pistol down; I struck him on the arm with a stick I had in my hand, and secured him; I picked this pistol up off the ground, and put it in my pocket; I told him to remind the man I had got the pistol; he told Croker he was a servant of Lord Lonsdale's; Croker persuaded him to come off the horse, and go into the house; I found another pistol in the holster, I took it out, and gave it to Croker, and told him to shake out the priming, which he did, and put it in his pocket, I have kept this ever since, produces the other pistol); I was not in the house at all.

Prisoner's defence. This man passed me the other side of Highgate, we stopped at the top of Highgate-hill to see that the breeching was tight, and he passed us while that was doing; we passed him afterwards; he whipped his horse violently, and tried every means in his power to run by the carriage; his intention was to beat the carriage; he made another attempt to do it, and ran against me very violently; if I did touch his horse, which I don't know that I did, my whole intention was to get clear of him; when I came to Tottenham-Court, I desired him repeatedly to let me go, he struck me many times, cut me very much in my arm, and several other places; I told him who I was, I pulled out my pistol to intimidate him, because I wanted to follow my Lord's carriage; he, still persevering, whether my horse pushed against him or what, I cannot say; I never saw him the whole time, it was so dark; I was abused by the people afterwards, that I don't know what I said.

For the Prisoner.

JOHN TOWN sworn.

I live in Bury-street, St. James's: On the Whit-Tuesday evening, I was coming to town, and happened to be at the Turpike-gate when this transaction took place; I saw the prisoner come riding after my Lord's chaise, and I saw him stop to pay the toll, and then Mr. Davis came up in his chaise, and he jumped out of the chaise and stopped his horse; I heard something about striking his horse upon the road, I then heard the report of a pistol, and saw the flash.

Q. When you saw the flash, in what direction was that slash? - A. Straight over the horse's head.

Q. In what direction was Davis? - A. I cannot say; but the direction was over the horse's head; if he had wanted to shoot Davis, he could have put it right into his head.

Jury. Q. Was it dark? - A. I cannot say.

Cross-examined by Mr. Raine. Q. How far were you from the horse? - A. I was at the public-house door, fourteen or fifteen yards.

JOHN COLVILLE sworn.

Examined by Mr. Knowlys. I am a baker, journeyman to Mr. Edkins, in Davies-street, Berkeley-square; I was at the turnpike when this happened; I was come through the turnpike, the postillion cried out, "gate,," the gate was opened, and the prisoner came up to pay the toll, and then Davis came up along side with his single horse chaise, and he fell upon him very rashly, "you villain, what did you strike my horse for upon the road;" he then laid hold of him by the side, and tried to get him off his horse by his cloaths, and immediately Mr. Robinson, in his fury, pulled out his pistol, and fired.

Q. Was he near enough to have touched him if he had been so inclined? - A. The pistol went over

Q. Did you hear the prisoner say any thing before he fired? - A. They were both in a great passion.

Cross-examined by Mr. Raine. Q. How near were you when the pistol was fired? - A. Very near.

JOHN HAMMOND sworn.

Examined by Mr. Fielding. I live at No. 5, Francis-street, Tottenham Court-road; I was leaning on one of the posts of the turnpike-gate at the time this happened; I saw the post-chaise and four go through the gate, and I saw the prisoner stop to pay the toll, and then Davis came up in his chaise, he went about twenty yards beyond the gate, and then he jumped out of the chaise, and took hold of the bridle of Robinson's horse; and struck him in the face with the but-end of his whip.

Q. Did you hear what words he made use of? - A. He said, damn your eyes, you rascal, what did you strike my horse for, or something of that sort; he said, if you have any thing to say to me, I live with Lord Lonsdale; after that he damned him and Lord Lonsdale too, he said, he is a bigger rascal than you are; the horse was standing close, I could not see the pistol, but I saw the slash; the turnpike-house is a small wooden house.

Court. Q. Did it go in a direction towards Davis? - A. It did not; it went from him towards the house.

Q. If he intended to have shot him could he not have done it? - A. He could have put it in his mouth.

Court. Q. Could you perceive that Davis struck Robinson? - A. Yes; I perceived that perfectly a great many times.

SIR WILLIAM LOWTHER sworn.

Examined by Mr. Fielding. Q. You have had an opportunity of knowing the prisoner in the service of Lord Lonsdale, and know whether he was a man of humanity? - A. He was in my service for a short time; I always considered him to be a man of good nature, and most excellent temper, that was the character he had in my family; and, I believe, the two services in which he has been since.

RICHARD PENN , ESQ. sworn.

Examined by Mr. Knowlys. I have known the prisoner seven years; a most universal good character, a benevolent kind man, as unlikely to do such an act as any man I ever heard of.

Court. (To Davis.) Q. When you came up to this man, did you lay hold of his cloaths, and endeavour to pull him off? - A. No; I only laid hold of the bridle.

Q. Did you strike him with your whip? - A. I did not; I left my whip in my chaise.

Q. You were, no doubt, irritated a great deal in that situation; can you take upon you to swear that you did not strike him? - A. I am very positive I did not.

Court.(To Brough.) Q. You went in for change for the shilling? - A. Yes.

Q. And when you came out it was that Davis came up; did you, after that, see Davis attempt to pull the prisoner off his horse, or give a blow? - A. I did not.

Q. Are you satisfied that you should have seen it, if any such thing had passed, before the pistol was fired? - A. I am certain no such thing had passed at that time.

Q. (To Clarke.) Did you see any blow given by Davis to the prisoner? - A. No; I was not there half a moment.

JAMES BIFIELD sworn.

Examined by Mr. Fielding. I live at Hampstead, I am a shoemaker; I was going to Hampstead at the time this happened; I was about twenty yards from the place where they were, they were on this side of the gate; when I came up, Davis had got hold of the horse, with either a stick or a whip in his hand, I am sure it was one or the other; and as he had got hold of the horse, he was striking at him; and the gentleman on the horse said, he lived with Lord Lonsdale; if he wanted any thing with him, to come there; upon which, he damned Lord Lonsdale, and said, he is as big a rascal as you are; he said, if you don't let go the horse I will shoot you; and he said, he might shoot and be damned; upon that, he fired the contrary way, when he might have put it into his mouth, and shot him dead.

Q. Did you see him make any blow at Robinson? - A. No; the pistol went off, and the man fell down.

Q. Did you see Robinson strike him with the end of the pistol? - A. No.

Cross-examined by Mr. Raine. Q. How far might you be off? - A. It might be twenty yards, or not so much; but if you wish to know, I can measure it.

Q. Was it a dark night? - A. No; it was moonlight.

NOT GUILTY .

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960622-3

387. JOHN ELLIS was indicted for that he, on the 27th of March , in and upon Patrick Brophey , did make an assault on the king's highway, putting him in fear, and taking from his person, a watch, in a gold case, value 40s. a steel chain value 10d. and a cornelian seal set in gold, value 5s. the property of the said Patrick .(The case was opened by Mr. Ward).

Fitzroy-square: On the 27th of March last, about half past eleven o'clock at night, I saw the prisoner in Berkeley-street, Berkeley-square ; I had called at Lord Westmoreland's to see a friend of mine, and I was going to Mr. Johnston's in Berkeley-street; when I came out of Berkeley-square at the corner, by the dead wall, I saw two men very close together; one man walked away, and the prisoner came up to me with his breeches flap open, and held both my arms back, and put his hand upon my breeches, and felt for my watch; my watch, which was a gold one, was in my waistcoat-pocket, he took it out of my waistcoat-pocket, and gave me a push which knocked me down.

Court. Q. Did he hold both your arms with one hand? - A. Yes; I looked him full in the face; I went home and told my master, that he was so remarkable a man that I was sure I should know him again; it was a moon-light night.

Q. Did he say any thing to you? - A. No, he did not. On the King's birth-day, in Palace-yard, I saw the prisoner again, he stared me full in the face, and I knew him directly; he came up to me, and began to draw his hand across my breeches; I told him I had seen him before in Berkeley-square; I followed him into St. James's-square; there was such a crowd I was afraid to call to any body to assist me; I told him I would charge him with robbing me; and he begged I would go with him into Park-street, to his house, which I did; to Mr. Dodd's, a coach-maker, Mr. Dodd was in his office; I told him I would charge the prisoner, it was no matter what, I said, that the prisoner was the man who robbed me; Mr. Dodd begged I would not, because there were men at work that would hear me; he begged I would go up stairs, that the prisoner was a relation of his, and a man of fortune, that he had married a woman of fortune; and begged, as nobody knew it but us three, that I would not charge him; that he would bring forth the man or the watch, on Monday night, or whatever the watch was worth; he told me to rely upon him as a man in circumstances that he would not tell me a lie; and he went down and called up his clerk, who was a witness to this, and he brought up a tumbler of shrub to drink; the clerk was the witness to produce the man on Monday, or the price of the watch what ever it was; he gave the prisoner some shrub to drink; they wanted me to go into the next room, and I would not go with them; I told them I would stay in the passage; he said, he wanted to speak to the prisoner a minute, which he did, and then I went in again, and he offered me ten guineas, if that would satisfy me for the watch; I told him I could not say what it was worth till captain Gower came to town, he had given me the watch, and I did not know the price of it; if it was worth less than ten guineas I was to give him the overplus; or if it was more, he was to give me more. I left the prisoner there, and on Monday morning I went down to Mr. Dodd's house, and the prisoner came down stairs to me, and went with me to Marlborough-street, and I went with him to Mr. Moore's, the gentleman that sits there (the attorney for the prisoner); and then we came to an ale-house where there was a club, and a party of men waiting for them there; and they threatened to prove an alogy, and have me pillored, that was at the public-house.

Q. Was Mr. Moore present? - A. Yes; they called me a swindler, and that I had no watch; I went to the office, and the man was committed, and they abused me in the like manner at the office.

Q. He was not fully committed upon the first hearing? - A. I appeared the second time, and he was fully committed.

Q. You saw him with the flap of his breeches down, and the shirt hanging out? - A. No.

Q. Did not that surprise you very much to see a man coming towards you with his breeches down at that time of night? - A. No.

Q. You stood upon your guard, I suppose? - A. No; he went on one side and I walked on the flags; he caught hold of me immediately as he came up to me by the side of me.

Q. He put his arms round you and pinioned you? - A. Yes.

Q. He is not a much stronger man than you? - A. No; but there was another man just by.

Q. Did that other man come up? - A. No; I strove to get my arm away and could not.

Q. Look at that man, do you mean to say that man with one hand could hold you by both arms? - A. Yes; he clasped me with both arms, and then took away my watch; he felt my breeches and then my waistcoat.

Q. Do you mean to say you could not get your arms away when he had hold of you with one arm only? - A. No; I could not.

Q. That you swear positively? - A. Yes.

Q. And, looking at the size of that man, you will swear it? - A. Yes.

Q. How far was the watchman from you? - A. I saw no watchman.

Q. Upon your oath how far was the nearest watch-box to you? - A. I saw no watch-box nor watchman till I came out of Berkeley-square; it was no matter where the watch-box was when I was robbed.

Q. Did you give an alarm to any body? - A. No, I did not.

Q. Which way did he run? - A. Not down Berkley-square, but across another small street that comes across, that goes into Piccadilly, Hay-hill I believe it is.

Q. What became of the other man? - A. I don't know.

Q. Did you attempt to run after him? - A. No.

Q. Did you give any information to any watchman you saw? - A. No; I saw no watchman at all.

Q. You did not at all attempt to get out of his way? - A. I thought he would pass me.

Q. Did you tell any thing of the flap of his breeches being down at Marlborough-street before the Magistrate? - No, I did not, for all the party abused me so much that I was afraid.

Q. Do you mean to say Mr. Conant would not hear what you had to say? - A. He desired them to hold their tongues; that there were people of that description in London.

Q. Did you at all say to Mr. Conant that the flap of the man's breeches was down? - A. No. intended to say it, but the Justice said that two men standing so close together it was easy to know what they were about.

Q. Did you mention any thing about his rubbing your breeches in Palace-yard? - A. No.

Q. Were you upon good terms with the landlord of the house where your master lodged? - A. No; I kept my distance as a servant.

Q. There are other servants in the house? - Q. Yes.

Q. Did you mention this extraordinary matter to any one person in that house? - A. No, I did not except to captain Gower.

Q. You never saw the prisoner from that time till you saw him on the 4th of June? - A. I thought I saw him in Bond-street, but I was waiting upon my master and I could not go after him to take him then.

Q. Have you any doubt that it was him that you saw in Bond-street? - A. No.

Q. Your master, I believe, searched in the pawnbroker's shops after the watch? - A. Yes.

Q. Did you communicate it to your master? - Yes, when I got home.

Q. Not before? - A. No.

Q. Now look at the prisoner? - A. I am sure he is the man that robbed me.

Q. Had he any powder in his hair? - A. I cannot say; he was dressed in black, and a scarlet inside waistcoat on; he said at Mr. Dodd's that he was on board of a ship at the time.

Q. That is as true as any thing else that you have said? - A. Yes.

Q. When you were at St. James's you saw the prisoner? - A. Yes.

Q. You stared at him? - A. Yes, I knew him directly.

Q. He stared at you in return? - A. He did.

Q. Did he speak to you? - A. No, he came close to me and rubbed up my breeches, with his hand in his coat pocket.

Q. Then you know you were safe enough? - Yes.

Q. Upon your oath did not you raise any alarm, or try to knock him down for using that indecency? - A. No.

Q. Did not you take that to be the greatest insult that can be offered from one man to another? - A. I did not know what it was; I put my hand upon my watch, and I thought it was to take my watch again, for I knew he was the man that had robbed me; I spoke to him, and told him I had seen him at such a place, and he made off through the crowd.

Q. You made no alarm? - A. No, not till I went after him and took him.

Q. Did you tell any body - See what a rascal this is? - A. No; there was a carriage coming, and he made off; I overtook him in King street, before he came into the square, and I took him by the coat, and told him he was the man who robbed me.

Q. Did he attempt to get away from you? - A. No, he told me to call a coach, and I told him I would not; he begged of me to come to his house, and I went with him to Mr. Dodd's.

Q. Upon your oath, did not you make an offer that, in case the man would raise the price of this watch, you never would come forward again? - A. I did not.

Q. Upon your oath did you not declare to Mr. Dodd, that if he could raise the price of the watch, and tell him it was a disagreeable thing to his relations, that you would not appear against him? - A. Not till captain Gower came to town, as I did not know the price of the watch.

Q. Did not you tell Mr. Dodd, the moment you could know the price of the watch, you would take that price for the watch and would not appear against him? - A. They called three times at Mr. Gower's at Russel-place, to settle it, Mr. Dodd and his party; I told him I would not have any settlement till Mr. Gower came home.

Q. You found the man there on the Monday? - A. Yes; he went with me to the office.

Q. Did not the prisoner insist upon your taking him before a Magistrate, for he would not agree to any such terms? - A. No; that gentleman (Mr. Moore) has used me very ill.

Mr. Ward. Q. How many minutes walk would it have been from this place where the robbery was committed, to St. James's place? - A. I cannot say.

Q. You had a letter to deliver to your relation, which was the occasion of your going there? - A. Yes.

Q. Had you asked leave of your master to go out that night? - A. No.

Q. You have no doubt that the prisoner is the man that attacked you? - A. I have no doubt at all about it.

Q. You are not much used to London, I believe? - A. I never was in London before Christmas last, when I went to Gower-hill; I did not know the way, it was a hackney coachman directed me down Berkeley-street.

Prisoner's defence. May it please you Lordship, Gentlemen of the Jury: On Saturday the 4th of June, being the birth-day of his Majesty, I was standing to see the company go to the ball-room; I had not been there long, when being tapped on the shoulder, I turned round, and saw the prosecutor; he told me he saw me about three weeks before in Berkeley-square; I told him he was mistaken, and I thought no more about it; I staid three or four minutes, when Lord Westmoreland's carriage coming past, I took that opportunity of going to prevent the inconveniency of being hustled; the prosecutor came up to me and told me not to run to fast, he had a word with me; he said I had robbed him of his watch, and he would have satisfaction for it; I told him he was very much mistaken, and if he would accompany me home I would convince him of his error; he said if I would make satisfaction for the watch, as I appeared a decent man, he would not say any more about it; I told him I was not to be frightened in that way, I lodged over Blackfriars-bridge, and I thought it best to go to Park-street to Mr. Dodd's; I then turned up St. Alban's-street, and he went with me to Mr. Dodd's; what passed there Mr. Dodd will be able to inform you, Gentlemen. It is very happy for me that on Easter Sunday, which is a remarkable day, I can prove by the most respectable witnesses, that I was not out of the house all that day; that I was in their company from six that night till two the next morning, and that at the instant the man charges me with robbing him, I was at supper with my friends.(The prisoner called Thomas Bonsall , Thomas Evans , Martha Evans , and Daniel Ranshaw , who deposed that he was not out of their company on Easter Sunday, at the house of Mr. Bonsall, with whom he and his wife lodged, from six o'clock in the evening till near two the next morning.)

Court. Gentlemen of the Jury. It does seem to me that there must be some sort of mistake on the part of the prosecutor in this case. Here are four witnesses whose character and respectability are totally unimpeached, who positively swear he was never out of their company any part of that evening. Gentlemen, they have been cross-examined, and very properly by the Counsel for the prosecution, to collateral circumstances, because when witnesses come here with a fabricated story, it generally happens that upon little collateral circumstances, which the witnesses have not settled between themselves, they contradict one another in a way that shews they don't deserve any credit; but in this case, in all the collateral points they tell you the same thing; it seems to me therefore that there is some mistake in the case, and the weight of evidence is such that I think you will have no difficulty in saying he is mistaken, and that it could not be the prisoner at the bar.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. Justice BULLER.

Reference Number: t17960622-4

388. ANN WOODLEY and ANN JOHNSON were indicted for feloniously stealing on the 2d of May , a canvas bag value 1d, and ten guineas

About three weeks ago, I don't recollect the day, I lost ten guineas between Covent-garden and Mary-le-bonne ; after the play I went with the prisoner- Ann Woodley in a coach to her lodgings, some where in Mary-le-bonne, I forget the name of the street; I had my money when I got into the coach, I felt it when I gave a shilling to the link-boy as I was getting into the coach; when we stopped at the prisoner's door, I missed it; I charged her with having my purse, and said I would drive her back to the round-house; she opened the door and jumped out; I laid hold of her by the gown, and she fell on the pavement; then the other prisoner came out of the house to her, and went back again into the house; she said I might search her, I said it was of no use to search her, I knew how the money was gone.

Q. Did you feel her hands in your pocket or about you in the coach? - A. I was hugging her in the coach.

Cross-examined by Mr. Knapp. Q. You had dined out that day? - A. I dined at Hornchurch, in Essex.

Q. Had you been drinking? - A. Not more than common.

Court. Q. Were you in liquor? - A. No, not at all.

Q. When you came out of the play-house, there was a great crowd? - A. Not much crowd.

Q. Before the Magistrate, I believe, you were at first a little incorrect? - A. The Magistrate was deaf, and took down my evidence wrong, I put him to rights directly.

Q. In which pocket do you usually keep your purse? - A. The left hand pocket.

Q. Which side of the young woman did you sit? - A. On the left hand of the prisoner.

Q. Then her hand must come round you to get at the purse? - A. Yes.

Q. You had a whip with you, had not she the whip in her right hand? - A. Not that I know of; I never saw my whip from that time to this.

Q. Did you take your whip into the coach? - A. Yes.

Q. You don't remember whether it was in her right hand or not? - A. No.

Q. You have never found your purse? - A. No.

Q. Did not she desire and intreat to go into the house and be searched? - A. Yes; after the maid had gone in before her.

Q. I believe the coachman picked her up? - A. No, the maid picked her up.

Q. Are you sure the coachman did not pick her up? - A. No, he did not.

Q. Did not the maid servant come to her with a bonnet? - A. Yes.

Q. And repeatedly desired to come into the coach to her? - A. Yes.

Q. And she followed the coach to the watch house? - A. Yes.

Q. She had no hat or bonnet on? - A. No.

Court. Had you mentioned before she got out of the coach, that you had lost your money? - A. Yes.

Q. Did she seem in a hurry to get out? - A. Yes; she jumped out of the coach, and fell on the pavement.

Woodley's defence. My servant was never near me when I got out of the coach, till she brought my bonnet to the watch-house.

For the Prisoner.

ROBERT WOOD sworn.

I am a coachman; I drove the prosecutor and Woodley; when I stopped, she fell out on the off side, I was on the near side; I went round the coach, and picked her up.

Q. Did her servant come near her before you picked her up? - A. No.

Q. Did she after? - A. Yes, within about two yards of her.

Q. Did you see any purse? - A. No; I was not suffered to look in the coach.

Q. Did Johnson come within reach of her? - A. No.

Court. Did she come to the off-side to her? - A. She could not get to the off-side, the gentleman kept her off.

Q. Did the gentleman appear to be sober, or otherwise? - A. I was never off my box till I came to Fitzroy-square; he appeared to me to be in liquor.

Court. Did he appear to be so intoxicated as not to know what he did? - A. No.

Q. (To Hording). This woman was searched at the watch-house? - A. Yes.

Q. Was any thing found upon her? - A. No.

Court. The coachman says, Johnson was never on the off-side of the carriage? - A. She was there first, she came round to her mistress while she was down; I said, it was no use to search her then, I knew which way the purse was gone.

Q. Was she out of the house twice? - A. Yes; the second time was after she was in the coach again.

(The prisoner Woodley called Daniel Butley and Susannah Mary Moore , who gave her a good character.)

(Johnson was not put on her defence).

Both, NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. Justice BULLER.

Reference Number: t17960622-5

389. WILLIAM COLLINS was indicted for feloniously stealing, on the 15th of May , a

I am servant to Mrs. Jane Rowe , who is a single lady , No. 2, Lower Berkeley-street, Grosvenor square : On Sunday morning the 15th of May, I came down into the area with two pails of water; I set them down and returned to shut the door, when I saw the prisoner in the pantry with his bag spread on the floor; he had in it a knife-tray and a small set of castors, and a large set of castors in his hand, putting them in the bag; I put to the pantry-door, and endeavoured to shut him in; he pushed by me, I threw my arms round him, and we fell both together against the bedstead on the floor, and he attempted to throttle me. The butler came to my assistance and released me from the prisoner; he was then secured, and the bag examined; it contained eight forks, ten spoons, half a dozen desert spoons, a silver fish-trowel, a sauce-spoon, two silver-handled knives, three butter-ladles silver, a silver soup-ladle, a silver butter-trowel, and a pair of silver asparagus-tongs; I have no idea of the value of them, I had seen them in the cupboard just before I went out for the water.

ROBERT PARAMORE sworn.

I am butler to Mrs. Rowe: On Whitsunday morning, just after I had set these things on the board, I went to the next room to breakfast; I had not been there long before I heard a violent screech, I went to see what was the matter, and found the prisoner and my fellow-servant on the floor; I lifted the prisoner by his clothes, and asked what business he had there? He said let me go, I have got nothing; my fellow-servant as soon as he could speak said, I have got the rascal; and I saw the bag with the things at the side of the bedstead.

Q. Do you know the value of them? - A. Not exactly; I believe about 30l.

(The property was produced in Court, and deposed to by the witness.

Prisoner's defence. I have nothing to say, I beg for mercy.

Q. Was this Mrs. Rowe's house? - A. Yes.

GUILTY . Death . (Aged 18.)

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-6

390. MARY NOTT was indicted for the wilful murder of the Count De Gripiere De Laval De Moncroe , on the 29th of May .

She likewise stood charged with the like murder on the Coroner's Inquisition.

RICHARD SIMMONS sworn.

I am a surgeon in Newman-street, Oxford-street: On the 3d of June, I was called in to inspect the body of a Frenchman, in Monmouth-court, Whitcomb-street ; I received a note by the beadle from Mr. Butler, church-warden of the parish of Saint Ann's; in consequence of which, I went about eleven o'clock that morning; there were several persons present, but no one that I knew, except the beadle, whom I appointed to meet me there at eleven o'clock, and he did meet me there accordingly; I examined this gentleman as he lay on the bed, he was dressed in every thing except his coat, he was in an extreme putrid state.

Q. Did you strip the body? - A. I did not; the only mark of any injury that I could perceive about him was, a wound on the side of the neck of nearly an inch and an half, the depth of it was very inconsiderable indeed; I then waited the directions of the Coroner's Jury, I think the body was in as high a putrefaction as ever I saw a body in my life.

Q. Was he a corpulent man, or otherwise? - A. He appeared exceedingly bloated, which I attributed in a great degree to the putrefaction.

Q. Do you think that wound was the cause of his death? - A. I don't think it was.

Q. You were not present when other wounds were discovered when the body was stripped? - A. Yes; it was after I had been before the Coroner's Jury, they sent a message for me to return to them again; when I got to them again, they told me the undertaker's man, in stripping this gentleman, had discovered a wound in his side, near his ribs, but that was nothing more than the skin having peeled off in consequence of putrefaction, there was not the least wound whatever; the foreman of the Coroner's Jury went with me, I perfectly convinced him that there was no other wound but that in the neck.

Q. Did you observe any blood over the bed, or bolster? - A. I saw some blood upon the floor under the bed, and some about the sleeves of his waistcoat.

Q. Did you observe any thing that could account for that blood? - A. I have no doubt but that blood might proceed from the wound in his neck.

Q. Have you any opinion what was the probable cause of his death? - A. I cannot say whether it was an act of suicide, or whether it was by any other hand.

Q. You say that wound you do not think was the cause of his death? - A. No; I cannot think it was.

Q. You cannot form any opinion how he came by his death? - A. I cannot.

WILLIAM HARRIS sworn.

I live in Monmouth-court, next door to the house that the prisoner took care of on the same side of the court.

Q. Did you on the 29th of May observe any thing particular in that house? - A. No, not in the house; I observed some kind of very comical noise between one and two o'clock in the day; there was one kind of scream I thought was by a man, and when I went to look I could not see any thing; I thought it was like a man falling down, as if a chair was drawn from under him; it was almost facing where this business happened across the yard; they come smoaking their pipes there some times of a Sunday evening at the top of the stables; I was very near the yard of the prisoner's house, only the yard parts between the stables and the house; and when I went up two pair of stairs of my own house to see the roof of the stables, it was no such thing, the noise was over and I came down stairs again.

Q. The noise was such as to attract your attention, and made you go and look? - A. Yes.

ANTHONY BRUNN sworn.

Q. Do you know the house which the prisoner had the care of? - A. Yes; I live about 150 yards from it; on Thursday the 2d of June, Mr. Webb, a particular friend of mine, called on me upon business relative to a Mr. Baker, who was publishing a work under the patronage of his Majesty, and he mentioned that the French Marquis had been missing some time; that he used to take milk for his breakfast and boil it in their parlour, which he had neglected to do, and they had missed him; I asked him if he had made any enquiry about him he said he had not, he had not time; I asked him if he had looked into his room, he said, no; I was in habits of friendship with the person who kept the house, I lived there myself three or four years; I thought it a duty incumbent upon me to seek into this matter, and I asked a man to get me a ladder in the neighbourhood, which he did; as we were going with the ladder we met with an acquaintance, who went with us, and the ladder was reared to the window of the Marquis; the person who was employed went up the ladder, which was in a backyard at the back-part of the house, and got into the room.

Q. Then you cannot tell any thing of that but what he told you? - A. No; he exclaimed that there was a person in the bed; when he mentioned that circumstance, Mary Nott exclaimed, Good God if I had known there had been a person dead in that room, I would not have been in this house last night by myself till twelve o'clock at night for the world.

Q. Did he say that the person in the room was dead? - A. I don't recollect whether her did or not; Oakhurst went into the room, and I went to the church-warden, and the beadle of the parish came and sent for a smith.

Q. Did you observe the prisoner say any thing else? - A. No; it appeared to me an exclamation of surprise, what a person would naturally have said; I think I should have said so myself.

Cross-examined by Mr. Knapp. My Lord has asked you, whether you recollect that Oakhurst said whether the person was dead or not? Did you yourself understand, Mary Nott being by, that he was dead? - A. Yes, I naturally supposed from his being missing from Sunday to Thursday.

Q. This exclamation appeared to be natural? - A. It appeared so to me, it did not appear to me to have the smallest appearance of guilt; and I told the Grand Jury so.

JOHN OAKHURST sworn.

I am a shoemaker, No. 35, St. Martin's-lane; on the 2d of June Mr. Brunn came to my place about eleven o'clock as nigh as I can guess, and employed me to get a ladder, and I got a ladder to look through the window where the body lay.

Q. Did you try to get in at the door? - A. No.

Q. Why did you not? - A. I was not employed to do that; I went up the ladder and looked in at the window, and perceived a body lie across the bed.

Q. Was the window open or shut? - A. Shut.

Q. Who was present at that time? - A. Mr. Brunn was at the foot of the ladder, and Mrs. Nott was standing upon the ladder.

Q. Did she know what you were about? - A. Yes. she knew I was going up to lock.

Q. Had you any conversation with her before you went up the ladder? - A. I asked her if I should go up the ladder, and she said, yes; she told me to do it; when I got up the ladder I perceived a body lying with a blanket and sheet over its head, and bloody; I asked Brunn if I should open the window, which I did, and when I opened the window there was such a terrible smell as I never smelt in my life before; I asked him if I should get in at the window, and he told me, yes, and I got in; I told him I could not go in the smell was so great, I came down the ladder directly, and Mr. Brunn went and fetched the beadle.

Q. Did you hear the prisoner say any thing? - A. She screamed out and alarmed the court, when I gave the alarm of a person lying across the bed.

Q. You said so from the ladder; yes, the screamed and alarmed the court, and the people came into the house.

Q. Did you hear her say any thing? - A. No. I did not take notice of what she said.

the house? - A. Yes; I heard her say that had she known any body was dead in the house she would not have slept there.

Q. What do you mean by alarming the court? - A. She ran out of doors and brought the people to come in with her, and saw no more till Mr. Humphries the beadle came in, which was in about five minutes; he went up the ladder first, and he asked if nobody would go up in the room, and I said I would: I went up along with him and got into the room, and the first thing I perceived in the room, on the left side of the window, was a washhand bason.

Q. How far from the bed? - A. I cannot say how many yards, it was on the window seat.

Q. What was in it? - A. It appeared to me to be almost half full of blood and water; there was a portmanteau lying upon the floor with a chain to the staples locked, cut open length ways.

Q. Did you examine it? - A. No. it appeared to be three-parts full of paper.

Q. Did you see whether it was recently cut or not? - A. No, I did not; it appeared to be cut with a knife; I did not examine what was in it; I looked about the room for a key and could not find one, except an old rusty key that was hanging up by the door; the door was fast, it appeared to be locked.

Q. Did you try if it was the key of the door? - A. Mr. Humphries did, I did not; he sent for a blacksmith to pick the lock, he could not pick it outside, and he came up the ladder and picked it inside; and when the blacksmith was gone, he undid the sheets and blankets from the man's face, and said his face was like a blackamoor; I quitted the room, and do not know any more about it.

Q. Did you find any knife about the room? - A. Yes; a round pointed case-knife, it lay close to a portmantean about three yards from him; I did not take it in my hand, but I perceived that there was no blood upon it.

Cross-examined by Mr. Knapp. Q. It was with this poor woman's consent that you went up the ladder first of all? - A. Yes.

Q. And when you gave notice to Mr. Brunn, she screamed and immediately went for somebody, and brought somebody to her assistance? - A. Yes.

Q. You saw a case-knife which had no blood upon it? - A. None at all.

ALEXANDER WEBB sworn.

I am a lodger in this house in Monmouth-court, Whitcomb-street: Eight months I ceased to lodge there that very night that the murder was discovered on the 7th of June; my room was the very next to the deceased, there was only a wainscot partition between.

Q. You knew the deceased? - A. I knew him by sight: he could not speak English, nor I could not speak French, but I knew his person; I missed him on the Monday morning, I had not slept in the house ten weeks till that night; I observed that I had not heard him, and asked the prisoner if she had seen him come in, or something to that purpose, which was about nine or ten in the morning about breakfast time; she said he had not come down to take his milk, and that he was not in, because his key was not in the door which he always used to leave in the door; nothing further passed that morning; on the Tuesday morning I made nearly the same observation, and asked if she had seen him, she said no he had not been in, for she observed the key was not in the door; she had peeped or looked through the key-hole, and she could observe nothing about the room, his clothes or any thing to disturb it since he went out; she was convinced by that that he was not in the room, or something to that effect; that she was sure he was not come home; I asked if she could form any idea where he was, or to that purpose, and she said she thought he was gone into the country with a tall young Frenchman and woman that had called upon him every day, and they had not called since he had been away, and she conjectured from that that he was gone into the country with them: I made similar observations on the Wednesday morning; I asked if he had been at home, and she said she thought he must have gone into the country with this tall Frenchman and woman; she made the same observations on the Thursday, or to that effect, that they had never called upon him since he had been missing.

Q. Who lodged in the house at the time? - A. A Mr. Baker, author of a Picturesque Guide through Wales, he went out of town on the Saturday; I went into his room which I had given up to him first; I came into the room on the Sunday night to sleep, he left the house on the Saturday; there was another gentleman lodged in the room over the deceased, a Mr. Kiplin, a performer belonging to the Richmond Theatre, and the prisoner, us three inhabited the house at the time this accident happened, Mr.Baker was gone; I know nothing more of the matter.

Cross-examined by Mr. Knapp. Q. Do you happen to know whether this poor Marquis was visited by any French people? - A. I have seen a great many Frenchmen there during the winter, when Mrs. Hutchins, the real landlady of the house, was there, but she is now deranged.

Q. In what state of mind was this unhappy man? - A. He appeared very chearful always.

Q. Did you understand any thing of his circumstances? - A. I believe he was an Emigrant, and had the pay from the Committee.

the key-hole, and said, she thought the room was in the state in which he left it, for she could see nothing disturbed? - A. Yes.

Q. And she supposed he must have been gone in to the country with these French people? - A. Yes; with a tall young Frenchman, and woman, who had never called since he was missing.

ELIZABETH INNIS sworn.

Q. I believe you live in the opposite house to that which the prisoner had the care of? - A. Yes; I was at home all day on the Sunday, I came to my window on Sunday, I cannot be positive whether it was a little before two or a little after; after I had sat a little while, I observed the prisoner come up stairs into the dining-room, open the window, look out for about one minute, then shut it down, and put to the shutter.

Q. How many windows are there to this room? - A. Two; she then took a long hair-broom and went to the other window, and dusted it; then went into a closet adjoining the room with this said broom, and knocked very loud against the sash of that window a great while, I should suppose I heard her in there near ten minutes; I did not see any thing more in that room; I still sat at the window, and I heard her reading very loud in the parlour with gentlemen all the afternoon; I heard more than one man.

Q. Till what time in the afternoon? - A. Till five o'clock, or after five o'clock; then a man came up the court crying curds and whey, and a gentleman came out of the house and called to the prisoner to take him in some milk; she answered, it is not milk, it is curds and whey; he said, very well, and went in, and shut the door.

Q. Did you know the deceased who lodged there? - A. Yes; perfectly.

Q. Was it him? - A. No, it was not.

Q. Was this conversation in English, by English persons? - A. Yes; I did not observe any thing more that day.

Q. How long did this window-shutter remain shut? - A. All the day.

Q. Had you ever observed that before? - A. Yes; I have seen the shutters shut in the day, but I never saw her open the window and shut it again directly; for if that window was open I could see to the deceased's door; and could see every person that went up and down; I observed the window-shutter open again the next day; I did not observe any thing more that day.

SARAH LATHWAITE sworn.

I knew the deceased perfectly well; I live opposite the house where the deceased lodged: On the 31st of May, in the morning, I enquired of the prisoner to know whether she had heard any thing of the French gentleman; she said, no; I said, it was very odd, being a person that seldom staid from his lodgings; I asked her if she did not think some accident had happened to him in his room; she answered, no; she said, she had peeped in at the keyhole, and could not see any thing of him there; she supposed him to be gone into the country with a tall French gentleman, and a young woman. On the Thursday following, being in my front parlour, the prisoner came running in to me, screaming, Mrs. Lathwaite, Mrs. Lathwaite, the Frenchman has been murdered in his bed! I did not go near the premisses, I only spoke to some of the lodgers that came into the house; I asked Mr. Webb where he was when this melancholy affair happened; he said, he went out in the morning, and was not at home till eleven o'clock at night.

Q. Did you make so much observation of the house as to say, whether there was a tall French gentleman went in and out of the house? - A. Never; he was a very regular man; and, I believe, kept very little company.

Q. (To Webb.) You were there but recently before the 29th of May? - A. I had been eight months in the house as a lodger.

Q. Did you, while you were lodging there, observe a French tall gentleman, and a lady, come to this gentleman? - A. I cannot say I ever did observe any body of that description, for I went out always at ten o'clock.

Q.(To Mrs. Innis.) Did you observe a tall French gentleman, and a lady, frequent this house? - A. Never in my life; I am very much by myself, being a single woman; and I had been accustomed to sit at my window and read.

Mr. Brunn. My Lord, I have seen such a gentleman and lady come to the house, I have opened the door once or twice to people of that description; the last time I saw them was one rainy morning, and they had an umbrella with them.

Q. How lately have you seen this gentleman and lady? - A. It may be two months since I saw them last; I have not opened the door since Mrs. Hutchins left the house; I seldom was in the parlour but at breakfast, and she would frequently ask me to open the door for her.

JOHN AUGUSTINE ANDOE sworn.

I was perfectly well acquainted with the deceased; on Sunday, the 31st of May, about the hour of two o'clock, I called at No. 9, in Monmouth-court, Whitcomb-street, where my deceased friend lived; I rapped at the door, and the prisoner at the bar was coming in from Whitcomb-street into the court; she took the key of the hall door from her pocket and unlocked the door; I stood on the steps of the hall door, and I asked her whether the Marquis de-Moncroc, the French gentleman, was at home; the reply was, that the gentleman went our early

that morning; he would not be at home till late that night; I then told her to let the gentleman know that Mr. Andoe had called. On the Thursday following, the 2d of June, I came to town from Chelsea, where I lived, and about one o'clock went to Compton-street to see an intimate friend of mine there; I was rather struck with his countenance; when I went into the room the gentleman says, you don't know what has happened; why, says he, our friend, de Moncroe is dead; I said, it was impossible; I then went and demanded admittance into the house; I knocked but nobody answered: I then determined to go to Bow-street, and Mr. Addington was not then at the office; I then went to Vine-street, to Mr. Addington's house, who gave me assistance; I returned to the house, the door was opened by the beadle, who had the key of the padlock, and I saw my friend in a horrid condition; he was covered up entirely with blankets, and the cloaths of the bed; the pillows were over his forehead, and covered his face as far as the nose; the hat of the deceased lay over the top of the bed where the pillows should lay, and one of the leaves of the hat was bloody; I then observed a vast quantity of blood that went through and through the bed on the left side, it did not seem to proceed from the wound given in the neck, which was on the left side of the neck; on that day I discovered nothing further; however, I beg leave to observe, that I made some questions to the lodgers of the house, particularly Mr. Webb.

Court. We must not hear any conversation with them.

On Thursday, when the Inquest was sitting, I had him entirely stripped in the position in which he lay across the bed; and when he was stripped, the waistcoat was obliged to be cut off of him entirely, and then I observed a wound on the breast of the deceased, nearly opposite the heart; I immediately returned to the Jury, and requested the surgeon should be sent for. I observed the blood and water in the wash-hand-bason, which seemed as it somebody had been rincing their hands; I made every search possible about the bed and floor, whether any weapon whatever could be found, I perceived none; when the small cloaths were taken off of the deceased, I had them shook, and out of the pocket that laid on the left side, there was a long knife, just such as the French wear, a long knife double, and a pen-knife at the end of it; a pair of scissars, a foot-rule, a pencil, and a small key at the bottom of the pocket; I observed the knife exceedingly clean, not any way stained with the least blood.

Q. Such a knife as French gentlemen use at table? - A. Yes; I then met the beadle, and requested one of the small drawers was open, and I desired him to put it into the next drawer, and see if it would sit; I would not touch the key myself, I left it in the hands of the parish officers, he opened the drawer, and found some foreign coin, French half-crowns, and one louis-d'or, I believe, I cannot tell the amount; it is now deposited with the church wardens of the parish.

Q. What was this gentleman's natural temper of mind? - A. A very chearful man, and a very strong stout man for his age; he was between fifty-eight and sixty years of age.

Q. Did you frequent him much? - A. I never was at that house before, he was seldom at home in the day-time; I have been very often in his company with his friends. On Whitsunday, we were coming together from chapel, and he said, he would be glad if I would go with him to dine; I made a frivolous excuse, because I knew his circumstances would not admit of it; but I begged his address, in case it should be in my power to be of any service to him; and when governor Mills came from Martinico, I went to him, in hopes of getting to go over there, where I knew the deceased had considerable property to the amount of 250,000l. and offered me letters when I was going out last October.

Q. Did you ever find this gentleman's spirits depressed with his misfortunes? - A. Not particularly so; he was a man excessively resigned to his fate; he felt his misfortunes as every man must, but not particularly so.

Q. When had you seen him before this unfortunate affair? - A. On Whitsunday in the same month.

Q. Did he appear composed at that time as much as a man could be in his situation? - A. Yes.

Cross-examined by Mr. Knapp. Q. Was this wound in the neck of any material consequence in your judgement? - A. No.

Q. You seemed to have conceived a real friendship for this gentleman? - A. I had.

Q. And would not dine with this gentleman because you thought his finances were not sufficient? - A. Yes; I beg leave to observe that what proves that true, the Wednesday before the unfortunate man's death there was four guineas lent to him by a most intimate friend.

Q. He was so distressed that he borrowed four guineas? - A. I did not say he asked for the money, but they forced him to take that trifling sum, seeing that he had but one pair of breeches, one waistcoat, and one coat.

Q. I believe it is natural to your nation not to ask for money at all; your nation has a spirit above it? - A. I cannot say such a thing as that.

Q. He must have felt a considerable change? - A. So has every body else in his situation; but I beg to observe one thing to the Court; about six months ago a correspondent in the city allowed the Marquis from 15l. to 20l. a month on his estates in the West-Indies, but when they found the total disaster that was likely to accrue in that country, they stopped those resources.

Q. Formerly, though his finances were in such a state as to make him comfortable, it was withheld from him, and he was left in the state you now describe? - A. Yes.

THOMAS HUMPHRIES sworn.

I am beadle of St. Martin's in the Fields: On the 2d of June I was coming along Orange-street, I met Mr. Brunn and another man; he asked me where the church-warden lived, he said there was a person laid dead in his room; I said I was beadle, and it was some part of my duty to look into that business; he took me into Monmouth-court, and into a back yard, where there was a ladder; when I got to the top of the ladder, I called Oakhurst to follow me; with that I entered the room, he was at the top of the ladder, and I made him enter the room too; as soon as we had entered the room I found the door was locked and I could not find a key about the room; he was wrapped up in blankets in such a manner that I thought I must uncover him to see if could find the key; I turned the blanket round, and then I found his breeches pocket hanging inside out; I then searched the other pocket of the left side which was not turned out, but there was nothing in it; I searched the right-hand waistcoat pocket to see if I could find the key; I could not find the key, and I went to the window in the yard and called to somebody to fetch a smith, Mr. Cousins, in Whitcomb-street; he sent his boy to fetch a smith to get some picklock-keys, he tried to pick the lock and could not, and he mounted the ladder and came up outside and picked it; I thought it most proper to get him to go back and get a padlock to fasten the door; the room was so offensive I thought it most prudent to go to the Coroner immediately, which I did.

Q. Did you observe any thing particular that was in the room? - A. There was a wash-hand bason of water and blood in the window, as if somebody had washed their hands from blood in it?

Q. Did you see any thing of a knife? - A. I did upon the table, a case knife, it was not bloody; the portmanteau was cut very near a foot in length, it was locked and chained, and every thing very well secured; we had the Jury the next day, and I was frequently there, but somebody always with me; I had the care of the room, as he had some effects; the Jury sat at the Highlander, the corner of Suffolk-street.

Q. When did you next go to the lodgings of the deceased? - A. I do not recollect that I went at all by myself.

Q. In what manner was the corpse wrapped up in these bed-clothes? - A. He lay across the bed very near the top, his heels touched the ground; he lay rather upon his left side, and I was obliged to unwrap him to look for the key.

Q. Were the clothes folded round him? - A. Yes, with blankets; I could not see any thing of his body till I unwrapped him.

Q. How were the pillows? - A. There were some pillows, and I believe some blood about the pillows.

Q. Were the pillows about his head? - A. They were very near his head; I said he was as black as a blackamoor, but I think I never saw his face till I uncovered him from the pillows.

Q. Did you perceive a hat near the pillows? - A. There was a hat.

Q. Did you perceive any blood upon it? - A. I did not.

Q. When was the second time you went there after the 2d of June? - A. I cannot tell whether I I was there after or not; I did not see the prisoner at all till she was apprehended.

Q. Did you not see her when you went up the ladder? - A. No, I did not.

Q. Do you know what the verdict of the Jury was? - A. Wilful murder by a person or persons unknown.

Q. (To Webb.) What was the occupation of the prisoner in this house? - A. She was a person taken in to clean the house and make the beds and wait upon the lodgers, after the derangement of the real landlady; she had been there, I think, about a month before, it might be more or less; she always had the opening and shutting of the doors and making of the beds and so on; Mrs. Hutchins's mother would sometimes come and stay for a night perhaps; I saw the Marquis go out on the 29th, and I went out myself soon after and returned about half an hour after.

Q. Was there any stranger in the house at that time? - A. I did not see any body.

Q. Did you happen to observe if any body was in the parlour? - A. I did not observe any one.

Q. Did you ever know persons assemble in the parlour for the purpose of reading loud? - A. Yes; Mr. Baker and I have read loud, reciting parts of plays, but never on a Sunday; and Mr. Baker, the author, has read his works to me frequently, but not on a Sunday; Mr. Baker went away on Saturday the 28th of May.

Mrs. Innes. I saw the deceased when it was first found out; I waited at the door while they were

Picking the lock; the prisoner went up stairs with me, and the first thing I saw was the deceased with his breeches pocket turned out; I said he has certainly been robbed, the prisoner immediately said he did it himself; I made no reply; I then looked a little further, and saw about as much as my hand of the deceased's face, and it was as black as ink, that I should not have known it to be the same person; I observed a sheet rolled about his neck, and a great quantity of blood about it; I said, dear me, see the quantity of blood; sure the man has been murdered; the prisoner answered he has cut his own throat, or how should he cut his portmanteau; I had not observed the portmanteau, nor I believe had any one in the room; I then said it was very strange, he had all his clothes on but his coat, for I did not then perceive that his cravat was off; she said he had been just at prayers before he did it, he always prayed, she said, three times a-day, morning, noon, and night; there was a lady with me observed the wash-hand bason; I then looked at the window, and saw a wash-hand bason stand with about a pint of water in it; I looked at it, and it appeared as if somebody had washed their hands in it and just tinged it with blood; I then came down stairs, the room was so offensive, and went into the front parlour with this lady and the prisoner, and this lady said it is very odd that wash-hand bason should be in the window with blood and water; the prisoner immediately said, who dare to come here to create suspicion? Not odd at all, not odd at all, he did it himself.

Cross-examined by Mr. Knapp. Q. You live opposite to this house? - A. Yes.

Q. Do you live by yourself? - A. Yes; there are other lodgers in the house.

Q. Are you of any profession? - A. I take in needle-work.

Q. You have been in Court during the whole examination of the other witnesses, since you were examined? - A. Yes.

Q. You heard the beadle examined? - A. Yes.

Q. You heard what he said? - A. Yes.

Q. As well as every other witness who has been examined? - A. I don't know that I heard every one.

Q. Every one since you have been examined yourself? - A. Yes.

Q. How came you not to give the account you now give when you stood up before? - A. My Lord only asked me as to what I saw on the Sunday, and therefore I did not go on.

Q. How came you not to go on? - A. I expected to be called up again; I have been three times examined, and I am sure no gentleman as ever heard me deviate.

Q. Did not you hear the oath administered to you? - A. Yes.

Q. That you were to tell the whole truth? - A. Yes; and when I was before the Grand Jury, I said it was all I observed upon the Sunday; then I was asked what I had observed on the Thursday, and I told what I had observed on the Thursday.

Q. Did you say what you have now stood up to say before the Magistrate? - A. I did.

Q. You have not been speaking with any of the witnesses since you were examined? - A. No; I am sure there is no one thing that I have here said but what I said before Mr. Justice Addington.

Q. Was what you said there taken down? - A. Part of it was.

FRANCIS HAMMARD sworn.

I am a Frenchman; I keep an eating-house.

Q. Do you know any thing about this unfortunate affair? - A. No; I do not.

ANN VINCENT sworn.

I live at No. 4, Little Suffolk-street; I was standing at my door about a quarter after one o'clock on Sunday the 29th of May, the Marquis came by; he said, how do you do, Madam; I said, very well, thank you, Sir; I asked him how Mrs. Hutchins was; he put his hand to his head, and said, very bad, Madam; and he shook hands with me; he went towards home, and I watched him to the end of the court.

Cross-examined by Mr. Knapp. Q. On that day, the Sunday, he pointed to his head? - A. Yes; to tell me that Mrs. Hutchins was very bad.

Q. Did he appear to be disturbed in his mind? - A. No; he appeared exceedingly chearful, and merry.

WILLIAM TROTT sworn.

I am a journeyman upholsterer and undertaker; I know no further than getting orders to take measure of this body; I was stopped by the gentlemen of the Jury sitting, and I went into the public-house, and stopped till I could get measure of the body; I went up into the room with intention to take measure of him, and was stopped by the beadle; he told me, I could not till the Jury had done their business; I measured it afterwards, and perceived something on the left side, I perceived there was a wound, but I will not be positive the gentleman lost his life by that; it was a wound about the size of a middling size penknife; I did not examine it particularly.

Q. Did you examine the depth of this wound; did you probe it? - A. No; there was a great deal of blood upon the bed.

ANTHONY GELL sworn.

Upon the undertaker coming to strip the body, he said, there was a little wound upon the left side, that went to the heart; I then sent for the surgeon to come again, and examine the body; in consequence of that, he examined the body when naked, and said, there was no wound there.

Q. But did he search it with his fingers, and probe it properly? - A. He told the Jury he had examined it.

Q. (To Mr. Simmons.) What degree of examination did you make of this wound in the side? - A. I examined it very minutely, indeed, and do most positively aver, there was not the least wound whatever; I attempted to probe it both with my silver probe and my finger, and I can speak in the most confident manner, that no wound existed there; it was mere putrefaction.

Q. How do you account for that quantity of blood? - A. I did not see any great quantity of blood.

Q. You said, in your original examination, you did not know whether he had not killed himself; how could a person kill himself if the wound was not sufficient to kill a man? - A. He might have laid his head in an unfavourable situation, that he might have been strangled by it; but the wound in the side, I am perfectly clear, is imaginary.

Q. (To Humphries.) Was it you that spoke to the bed being wetted through to the floor? - A. There was a vast deal of blood on the floor, it had gone through the bed.

Prisoner's defence. I never saw the Count but when he came down in the morning to boil his milk, and the same in the evening, and then he went up stairs, and I saw no more of him; he never talked to me, he could not speak English; and when he wanted me to make his bed, he beckoned me; and he was always in the room when I made his bed, and emptied his chamber-pot; and when I had done I made him a curtsey, and I never saw any more of him.

Court. (To Mrs. Innes.) Q. Your room was a front room? - A. Yes.

Q. And at the farther end you could see his door and if any body went into it? - A. Yes.

Q. Was there any other door led into his bedroom besides that? - A. Yes; but that I could not see.

For the prisoner.

ANN BAMPTON sworn.

I live in St. George's-fields; I have known the prisoner almost fifteen years.

Q. What has been her general disposition? - A. I have known all her family; her sister nursed me in five lyings-in; I saw nothing but the greatest humanity; I think, if there was a worm lay here she would rather go out of the way than tread upon it; and the prisoner has called upon me several times when my children have been ill, and always expressed the greatest humanity, in short she was very tender-hearted.

ELIZABETH SLATER sworn.

I live in St. Martin's-lane; I have known the prisoner between six and seven years; I never found any otherwise by her than a quiet, harmless, inoffensive woman, and an honest industrious woman, that worked very hard for her living.

MARY M'GAR sworn.

I live in St. Martin's-street; I have known the prisoner about twelve months, I have known her family six or seven years; I know nothing by her, but a quiet, sober, honest woman.

Q. And a humane woman? - A. Yes; a very good disposition.

GUILTY . Death (Aged 53.)

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960622-7

391. JOHN PRICE was indicted for that he on the 6th of May , in and upon John Thompson did make an assault, putting him in fear and danger of his life, and taking from his person a half-guinea, three half crowns, and a piece of base metal plated with silver, made to the likeness of a sixpence, value one farthing, and two shillings, the property of the said John Thompson .(The case was opened by Mr. Knowyls.)

JOHN THOMPSON sworn.

I am a beadle in the precinct of St. Catherine's ; I went to Newgate on the 6th of May, between four and five in the afternoon, to give some money to a prisoner of the name of Coleman; I gave the prisoner sixpence to let Coleman come to the master's side, that I might speak to him; the prisoner was a warder of the prison ; I gave the money to Coleman, and he left me, and was locked up again by the prisoner; I had when I left Coleman, two half guineas and a bad sixpence in my breeches pocket, and a sixpence and some halfpence in my coat pocket; the prisoner said, I had better give Coleman and a man that was with him a shilling a-piece; I said I could not afford that, then the prisoner said, will not you give us some beer before you go? I gave him a sixpence to get some beer, and he said it was a bad sixpence; I then gave him half a guinea to change, and he gave me four half crowns and a sixpence; I gave him sixpence to pay for the beer, and he gave me 2s. 6d. for one of, the half crowns; I went into a chandler's shop in the goal, which I understood belonged to the prisoner; when the beer came they handed it to me, and I tasted it; there was a person in the chandler's shop knew me; I did not know him; he enquired if I knew some people in my neighbourhood; I said I did, very well; when the beer was drank, I said I must go home; I had been there about half an hour; I went through a hatch in the inside gate of the prison; when I was at the hatch the prisoner laid hold of my coat with both hands, and said, I could not go yet, and

pulled me in at the door, and some persons pushed me behind the door; I tried to get into the shop again, but the prisoner ordered the people inside to shut the door, and I laid hold of the spikes at the top of the door; I then felt some people take my money, there might be seven or eight people struck me at once; the prisoner at that time was hauling me in at the door; it is a door that goes up a staircase on the master's-side, between the hatch and the chandler's-shop; I saw the man take my money, but I should not know him again if I was to see him.

Q. Did the prisoner give any reason for pulling you violently in at the door? - A. None at all; several of them beat me till I could scarcely see, I was all over blood; I cried murder! the prisoner had left the door while they were beating me; he came up again and laid hold of me as he did before, and said damn you if you don't come out they will murder you; I told them I would not let go the iron-spike till I saw the place clear; the prisoner then ordered the people to leave off; when they did, I let go the bar; he led me to the door; as I was going out I received a blow on my head which rendered me senseless; I was brought into the wine-room; Owen and Pitt were in the wine-room; when I got out into the wine-room, I examined, and my money was all gone; I made a complaint of the manner in which I had been used; I was bleeding very much.

Cross-examined by Mr. Knapp. Q. Did you ever happen to have been in Newgate before? A. Yes; twice before, once to speak to a waterman, who was in for stealing some copper; my father sent me with some money for him to give to counsel to defend him.

Q. Did you ever take a man to Newgate? - A. I took a man once to New Prison, Clerkenwell.

Q. Did you know the person that accosted you in the room? - A. I think I had seen him before.

Q. Was he one of the persons you had taken up? - A. Not to my knowledge.

Q. Upon your oath do you know it was not the man you apprehended before? - A. No, it was not; the man murdered his wife that I took to prison.

Q. Upon your oath did you ever apprehend the man that accosted you in Newgate? - A. Not to my knowledge.

Q. How long had you had this money in your pocket? - A. From the time I went from home; I saw it in Newgate, when I paid the money to the other man.

Q. You had been twice to Newgate before, once to see a waterman; when did you go the second time? - A. In the time of the riots, I went then out of curiosity.

Q. Was it not through Price you got to speak to this Coleman? - A. Yes.

Q. He was leading you to the hatch when you were struck? - A. Yes.

Q. He told you they would murder you if you did not get out? - A. Yes.

Q. Then he endeavoured to save you from being murdered? - A. Yes.

Q. You fixed on the person that robbed you? - A. No, never.

Q. Some persons were shewn you that you might fix on the person who robbed you? - A. No.

Q. Was nobody shewn you at all? - A. No, by no means.

Q. Not the next day? - A. No, nobody.

Q. Do you remember seeing the Sheriff there? - A. Yes.

Q. Did you see Mr. Kirby there? - A. Yes.

Q. Were there not some persons called out to you for you to name the person that robbed you? - Q. Yes.

Q. Did you fix upon any body? - A. No, I did not fix upon any body, only Mr. Price.

Q. Did not you fix upon a person of the name of Bateman, as the person that robbed you? - A. No; I said there was a person I knew was there; I did not say he robbed me.

Q. You did not say Bateman was the person who robbed you? - A. No, I did not.

Q. Now did not you fix upon Bateman; and was it not answered that he could not be the man, for he was one of the quietest men in the gaol? - A. No.

Q. Did not you say if he was not the man, he was very much like him? - A. No; I said the person that robbed me was in a blue coat and white waistcoat; I went that night to Newgate again, and asked Owen to bring him out.

Q. When was it you fixed on the prisoner as one of the persons? - A. I went that night, and Owen brought him into the wine-room, and I knew him very well.

Q. Did not you acknowledge that Price was the person that saved your life against the other prisoners? - A. Certainly; and I say so now.

The prisoner left his defence to his Counsel.

For the prisoner.

MR. JOHN KIRBY sworn.

Examined by Mr. Knapp. I know the prisoner, he was confined under a judgment of misdemeanor, in February 1794.

Q. And in consequence of good behaviour you appointed him one of your gate-men? - A. He is one of the gate-men; he has conducted himself extremely well, no man better; a very good servant as ever man had, there has never been any complaint of dishonesty during the time he has been in my custody.

Q. Was he a man that conducted himself quietly in your gaol? - A. Wonderfully so; he is a sober man; I saw the prosecutor there the next day; he said, that the prisoner saved his life before Mr. Sheriff Liptrap; I would have shewn him the man that robbed him; he said, no, no, that is the man; he said, it was Price; he would not look at any other man.

Q. How was Price dressed on that day? - A. He generally wears a blue jacket, I don't know whether he was so dressed that day; and the last sessions I would have shewn him the man; Wybrow was the man, he is since gone pursuant to his sentence; Price is a man that I would trust with any thing.

Cross-examined by Mr. Knowlys. Q. This man you saw the next day? - A. Yes.

Q. Had you any reason to doubt his account of his being very much hurt, from his appearance the next day? - A. He was very much so, I wonder he was not killed; we never let a constable go among the prisoners. You know an attorney would not go into the King's-Bench among the debtors.

Q. Did he say the prisoner was the man who, with his own hand, took the money out of his pocket? - A. He always said he was the man that robbed him.

Q. Did he not say there were a number of people that robbed him? - A. I suppose there were forty men about him; he said six or seven; I say there were nearer forty.

Q. You were not there? - A. No.

Q. Did he ever pretend that this was the man who, with his own hand, took the money out of his pocket? - A. No; I think he said he held him whilst the others robbed him.

Q. Did he, or did he not, say to you, the prisoner was the man who held him while the others took away his money? - A. Yes.

JOHN PITT sworn.

Examined by Mr. Knapp. I am one of the turnkeys; I know the prisoner, Price; I let the prosecutor into Newgate, I cannot recollect the day; I heard the bell ring very violently, Price had him at the gate, he was very bloody; and he said, thank God, you have saved my life! my life is your's and not mine; he said, he was robbed of some silver, I cannot say how much; he said, he had been robbed of his money; Mr. Sheriff Liptrap was there at the same time.

Cross-examined by Mr. Knowlys. Q. The man was bleeding, and in a very bad state? - A. Yes.

Q. Did he at all attempt to enter into particulars at that time? - A. I don't know what you mean; because he never accused Price at the time; Price brought him out.

Q. Whether he at all entered into the particulars of the manner in which he had been robbed then? - A. He did not.

Q. Were you present when he came the next day? - A. Yes; I was.

Q. Did he then charge the prisoner? - A. He did, before Mr. Liptrap.

Q. And then entered into the particulars of the business? - A. Yes.

Court. Q. How did he charge the prisoner the next day? - A. I cannot say much about that; he said, Price held him while he was robbed; and Price was the man that protected him, and brought him out. He swore to Bateman, a transport with us, as the man that robbed him, before he swore to Price; Price was present at the same time; he said Bateman was the man that robbed him. I told him, he might as well charge my daughter with robbing him.

Q. How was Bateman dressed? - A. In a blue jacket, I believe, I am not positive to the dress.

Cross-examined by Mr. Knapp. Q. Did he not say, that Bateman was there at the time the fact took place? - A. That I will not say; he might as well accuse you of it as Bateman, that I am sure of.

Q. Did he not speak of Bateman as being present at the time? - A. It was one Wybrow that did it.

Q. Upon the solemn oath you have taken, did he say any thing more of Bateman than saying he was one of the men there? - A. He accused Bateman first, that Bateman was the man that robbed him.

Court. Q. In those words? - A. Yes.

Mr. Knowlys. Q. Do you mean to say, that he said, that Bateman was the man that actually took the money out of his pocket, or with only being one amongst them? - A. Upon my word and credit, I cannot say; I look upon it, that this man is as innocent as I am; but there was so great a confusion at the time; that, upon my soul, I cannot say.

Q. Then it might be, that he was one amongst them? - A. Yes.

JOHN OWEN sworn.

At the time this man was robbed, I and Pitt were together in the room, we had but just left that man, who had the care of the gate; I heard a great noise of ringing the bell, he and I ran in a great hurry to see what was the matter; Price brought Thompson out, his head had been cut by something or other; he turned round to Price, and thanked him for being his preserver; that his life was his, and that he should have been murdered. I knew Thompson; I asked him how he could think of going in there; and he said, he had been in to speak to a man to relieve him; and I asked him, how he came to be served so; he did not mention the robbery at that time; I sent for the doctor to come and dress his wounds: he had a glass of wine; he put his hand

in his pocket, and said he had been robbed, he had lost half-a-guinea, two or three half-crowns, and a bad sixpence; I asked him if he could describe the man who robbed him; he said, yes; it was a man in blue cloaths; I said, come here to the gate, and see if you can see him; there was Price, and several others, in the yard, the place was all in confusion; he said, that is the man, and pointed out Bateman; I called Bateman to the gate, he said, Bateman was the man that held him while the others robbed him; Pitt made answer to him, for God's sake, says he, don't charge that man with it; you may as well charge my daughter with it, I am sure he is no such man, there is not a quieter man in the place than Bateman. In a little time after he charged Price with it; he asked me his name, and I told him his name was John Price.

Court. Q. How was Price dressed? - A. He had a blue jacket on, to the best of my recollection; and so had Bateman a blue jacket, or coat, I will not be certain which.

Court. Q. Can you recollect the words he expressed respecting Bateman? - A. I cannot say I do.

Mr. Knapp. Q. Whether it is a right thing for a man to trust himself among prisoners in a gaol? - A. If I was a constable, I would not trust myself in a gaol for five hundred pounds. Price has been in the habit of receiving money from me, five and six pounds of a week; and he is a man I can perfectly place confidence in.

Q. Do you know whether the prisoner was searched? - A. He was not.

Cross-examined by Mr. Knowlys. Q. You say he described Bateman as being a person there helping those who did rob him? - A. No; he said, that man in blue, pointing to Bateman, was the person that held him while the others robbed him.

Q. Did you hear what he said of Price? - A. When he was more reconciled, when Pitt expostulated, and said, he might as well charge his daughter, he turned it to Price.

Q. Was this the same day that he was wounded? - A. It was; I don't believe I had left Price a couple of minutes at the time.

Q. Did you not hear him say, that Price likewise held him while the others robbed him? - A. No; not till afterwards.

Mr. Knapp. Q. I ask you whether you recollect the prosecutor acknowledging that the prisoner, Price, saved his life? - A. He did; and thanked him.

JOHN LIPTRAP , ESQ. sworn.

Examined by Mr. Knapp. I don't recollect any thing of the time, I believe it was early in the month of May, the prosecutor came to my house, and I went with him to Newgate; when we came there, he said, he had been robbed, and very much beaten, he was in a very bad state; I asked him, who robbed him; he said, he could not possibly tell, there were so many; we sent out for six or seven of them, and he fixed upon a man of the name of Bateman; I asked him if he knew who robbed him; he said, certainly not; I asked him if he knew who gave him those violent blows; and he fixed upon Bateman, and being told it was very improbable that Bateman should do it, he then fixed upon Price, after a great deal of hesitation; that Price was holding him while the rest were beating him; he said, Price rescued him out of the gaol, he believed they would have killed him, that he saved his life; I told him, I thought he was under great obligation to him; he said, he should prosecute him.

Q. Then the fixing upon Price as having done any thing, was not till after he had fixed upon Bateman, and after an hesitation? - A. Certainly; he thanked Price for saving him, and said he should prosecute.

Owen. The person of the name of Wybrow wore blue cloaths also.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960622-8

392. RICHARD LUDMAN , ANN RHODES , ELEANOR HUGHES , and MARY BAKER , were indicted for the wilful murder of George Hebner , on the 22d of May .

They also stood charged on the Corner's Inquiquisition with the murder of John Brown.

Mr. Gurney. Gentlemen of the Jury, it is my duty, as Counsel for the prosecution, to beg your most serious and anxious attention to the case which I have to lay before you in support of the indictment, which charges the four prisoners at the bar with the crime of murder, Against that crime the laws of God and of men have denounced the punishment of death; and the law of England holding it, and justly holding it, in especial abhorrence, has decreed that that punishment of death shall be inflicted without delay. It is therefore a case which calls upon you to do that which I am sure you will do, to apply your minds closely to the investigation of the facts which will be proved, because you will consider that upon your verdict will depend whether the four prisoners at the bar shall or not remain more than two days longer in this world.

Gentlemen, such is the nature of the crime of murder, that it is perhaps more than any other perpetrated in secret, and in the dark. It is therefore but seldom that the direct testimony of eye-witnesses can be obtained, another species of evidence is of course necessarily resorted to, in general, which is in many cases not less satisfactory, in some unquestionably still more satisfactory than the positive testimony of eye-witnesses. Evidence of a number of circumstances, which like so many links of a chain each in itself, perhaps but of little importance, yet when combined together forming such a regular

and unbroken series as conduct the human mind to an unerring conclusion. The case which I have to lay before you is certainly, in the first instance at least, a case entirely of circumstances, and you will have to consider whether the existence of those circumstances is or is not compatible with the innocence of all or any of the prisoners at the bar.

Gentlemen, you must have perceived from the reading of the indictment, and from the statement of the Coroner's Inquisition by the officer of the Court, that the name of the deceased is described in one to be George Hebner , and in the other to be John Brown : That variation arose from a misapprehension at the time Coroner's Inquisition was taken, he was at that time conceived to be a person of the name of John Brown; however I shall establish by evidence that his name was George Hebner.

The deceased was a native of Russia, had resided in this country some time, had married in this country, and carried on the business of a taylor ; he left his house on Tuesday the 17th of May, telling his wife he should go to Lambeth, and return in two or three hours to his house, however he never did return. The next information we have of him is, that late on that night he was enquiring for a bed in East-Smithfield, and being unhappily recommended by a watchman to the house of the prisoner, Hughes, in Dean-street, East-Smithfield , to that house he went; there he was seen part of the day on Thursday, on Thursday night, on Friday, and on Saturday; and I should state to you by what means he was seen. Two witness, whom I shall produce, of the names of Darby and Johnson, lived in the house adjoining; the persons who had inhabited that house before them had bored holes with a gimblet, in the wainscoat, by which their house is separated from the house of Hughes which holes were imperfecly stopped up with paper, and through which they could see what was passing in every part of Hughes's house; through those gimbles holes it was, that they saw this unfortunate man on the days I have mentioned.

On the Saturday evening, one of these witnesses heard Mrs. Hughes say to some person, "Strike me, you dog, strike me, it is all I want;" upon which she removed the paper from one of the gimblet holes, and, looking through, saw the person of the deceased. Possibly, I shall not be able to lay before you direct proof of any thing else that passed that night; but the next morning between seven and eight, the attention of Mrs. Darby was called to some words which she heard from Mrs. Hughes in the adjoining house, which induced her to suspect that some mischief had been practised: upon this she got up, she called Mrs. Johnson, and they together listened, and looked through the holes. They saw the four prisoners at the bar, in evident confusion; they heard them talk in dark and ambiguous language, they heard one of them (which they cannot precisely ascertain) say, "At ten o'clock, we will take it and lay it down so," describing with their hands, the laying something upon the ground; they saw Mrs. Hughes and another go out, and heard Ludman cry out, "Mother Hughes, don't shut the door, and then they won't have any suspicion." This very naturally alarmed them, and one of them directly went to the house of a neighbour, informed him of what they had observed; and begged some assistance; upon this, several persons came to the house, one or two of them went up stairs, and there they found the body of the deceased hanging to the bed post; the corpse was stiff and cold, and, Gentlemen; you will particularly attend to the precise situation in which the body was found, the head was hanging, I understand, within about four or five inches of the top of the bed, the feet touched the ground, and the hands of the deceased were tied behind him in a very particular manner, the backs of the hands were close together, and the wrists tied as tight as they possibly could be; the stuff with which they were tied, was of the nature of window line, twisted with great care to make it strong enough, and what is most remarkable, it was tied in a sailor's knot, which is, I understand, a knot of a peculiar construction, partaking so much of the nature of a running knot, that the harder it is pulled, the tighter it draws. Gentlemen, (the prisoner Ludman is a sailor, the deceased was no sailor).

As soon as the first person who discovered this, saw the body of the deceased in this position, he, with very commendable caution, ran down, secured the street door, and enquired who was the owner of that house. Ludman came towards him, and said, he slept there last night, then said Howell, the witness I shall produce-" You shall not go out, no man shall go out from here till the officers come;" upon which Ludman uttered these remarkable expressions,"Damn your eyes, you can but hang me," and down he sat; at this time, the other three prisoners were present, they were all four secured and taken to prison; in their way to prison, either on that or a subsequent day, some material conversation took place between them, of which I am not particularly informed, it will be stated to you, by the officer, in whose custody they were, and you will draw the conclusion which you ought to draw from that conversation.

Gentlemen, these being the circumstances in which the body of the deceased was found, you will perceive that his death was unquestionably violent (there is no possibility of supposing it could be an accidental death), being violent, it could only have happened from his own hands, or from the hands of others; that he could not have come by it from his own hands, is evident, his head being so high, as to be near the top of the bed post, and his feet touching the ground; but what is most important is, his hands being tied behind him so tight as they were, with the backs of the hands together, and the line being tied in a knot of a peculiar description. These circumstances therefore called upon the prisoners, who were the only persons in the house (except a child), to explain their conduct, they called upon them to shew that all these facts, suspicious as they were, were never the less consistent with their innocence.

Gentlemen, they did attempt this explanation in their examinations before the magistrate, which were calculated to impress a belief, that this unhappy man was the cause of his own death. I am not at liberty to state those examinations particularly, or to-offer them in evidence, because I am not intitled by law to give the declaration of one prisoner in evidence against another; but I think I ought not to omit stating some part of the examination of Ludman; Ludman first of all denied before

the Magistrate, having said that the deceased could not have hang himself, that he must have been hung, yet he afterwards admitted. in the hearing of the Magistrates, that he had so said; and in another part of Ludman's examination, he says, that the child which slept with Mrs. Hughes (a child of eight years old), upon being waked in the morning said, and they were the first words he uttered; "Mammy, is the man dead?"

Gentlemen, what that child had seen, in the course of the preceding night, to lead to that question, I shall forbear to state, because I think I should transgress the duty I am now performing, if I were to raise any prejudice in your minds, by stating any circumstances, which, by posibility, might not come out in proof; the child is of but tender years, I shall present him to you, and if it appears that he has a sufficient knowledge of the sanction of the oath, under which he must speak, then, and not till then, you will hear his testimony. But without this, I fear, that the circumstances which I shall have to lay before you, will be found to be utterly irreconcilable with the innocence of any one of the prisoners at the bar. If upon the most patient investigation of this case, that should be your clear and decided opinion, however painful the duty will be to consign four of your fellow creatures to a speedy and ignominious death, it is a duty, nevertheless, which you owe to the oath you have taken, and to that country which you represent.

HANNAH HEBNER sworn.

Examined by Mr. Gurney. Q. What was the name of your husband? - A. George Hebner ; he lived in Maddox-street, Hanover-square.

Q. When did you see him last? - A. On Tuesday morning the 17th of May, a little after eight in the morning; he said he should come back at ten.

Q. Did he ever return? - A. He did not.

Q. Have you since seen any of your husband's cloaths? - A. Yes; all of them.

Q. The cloaths he had on when he went away? - A. Yes; they were shewn to me by a constable the Thursday week after he went away.

Q. Describe the cloaths? - A. The coat was a dark mixture, a buss marcella waistcoat, with blue pink and while stripes, and olive worsted stocking breeches; his stockings were grey cotton, and strings in his shoes.

Q. Had his shirt any mark upon it? - A. It had not; he had two waistcoats on, the other was a buss jean waistcoat, with a brown spot; they were both outside waistcoats.

Cross-examined by Mr. Knowlys. Q. Your husband and you lived upon good terms? - A. Yes.

Mr. Gurney. Q. Do you know whether he had any money in his pocket? - A. I don't know.

Q. I believe he was embarrassed in his affairs? - A. He was very much.

Q. Had be a watch? - A. He had none when he went away from home.

Mr. Knowlys. Q. That embarrassment of his affairs had produced a disorder in his mind I believe? - A. He was very low spirited, and when he was intoxicated and laid down to sleep, he slept so soundly that it was almost impossible to wake him.

MR. KING sworn.

I am a surgeon in Burr-street, East-Smithfield: I was called in on the Monday to inspect the body of the deceased, the day after the discovery; I found him lying on a bed with a cord tied round his neck; it had been cut from the bedstead; the cord was through the noose, and very tight; I proceeded to open the head by desire of the Magistrates, as I understood, and in moving him I found his hands tied behind him very firm indeed; they were tied, as near as I can tell, back to back; it appeared to be cotton-line twisted.

Court. Q. Was it tied in running knots? - A. A very particular kind of knot; it was not a common knot; there were no marks of business about the head at all, there was a slight bruise or two on the side given by something not very hard; I did not strip him then on account of leaving the hands in the state in which they were; the face was in an extreme turgid state; the brains were extremely full and turgid.

Q. Was it as usual in a case of strangling? - A. Yes; the cord had been applied in a very tight manner to produce a very deep mark; we divided the scalp, and opened the head; the brains appeared in a very full state indeed, preternaturally so.

Q. Are you enabled to say from your examination what was the cause of his death? - A. Undoubtedly from the cord having been applied so very tight round the neck, by preventing the return of blood from the brains to the heart.

ELIZABETH DARBY sworn.

Examined by Mr. Gurney. I live next door to Mrs. Hughes.

Q. Tell me when you saw a person first come to Mrs. Hughes's? - A. Last Thursday was five weeks I saw the deceased about ten o'clock in the morning, being shaved by a barber, through a little hole in the wainscoat in my room which looks into the little parlour in Mrs. Hughes's house; I saw him again the same night on Saturday between eight and nine at night; he came down to light his pipe.

Q. Was he in the same room that he had been in before? - A. Yes; he came down out of the one pair of stairs to light his pipe; we have gimblet-holes in the wainscoat up one pair of stairs, and in the two pair of stairs there is a great crack in the wainscoat through which we can see every thing that passes in Mrs. Hughes's house; the next time I saw him was when he lay dead.

Q. What was the first thing that attracted your attention on Sunday morning? - A. On Sunday morning between seven and eight, I was in bed, and

heard Mrs. Hughes come down stairs, and say O Lord, I cannot go up no more; with that I got up and went to the hole that looks into the parlour; there was a piece of paper in it; I took out the paper, and there I saw Mrs. Hughes and Mary Baker .

Jury. Q. Was this the same room that he lighted his pipe in the night before? - A. Yes; there are but three rooms in the house, Mrs. Hughes had the lower one; Mrs. Hughes repeated the same words, O Lord, she could not go up any more; Mary Baker said, O Lord, I will call Dick.

Mr. Gurney. Q. Do you know who she meant by Dick? - A. The prisoner, Ludman; upon that Mrs. Hughes opened the street-door, and have out some water; both of them went out, and locked the street-door; then I went and opened my shutters, and went up stairs to listen to hear if I could hear any body moaning, for I thought somebody was dead or a dying; I listened on the garret-stairs; I knocked at Mrs. Johnson's door, who lodges in the same house with me, and asked her to go with me.

Q. Do you know whether any body was left in the house when Hughes and Baker went out? - A. Yes; Richard Ludman and Ann Rhodes ; I went up stairs into the garret, and there I saw a crevice that I had never seen before; I looked through, and there I saw Ann Rhedes close by the window.

Q. Dressed or undressed? - A. Dressed, and looking down like a corpse; her face looked the colour of a corpse; Mrs. Johnson lodges in the same house with me, and she saw the same; I came back into Mrs. Johnson's room; I looked through the holes there, but I saw nobody.

Q. Does Mrs. Johnson's room look into that in which you afterwards saw the deceased? - A. Yes; but I could not see the bed because it stood in a corner; then I went down stairs into my own entry, and looked through the holes again; and there I saw Mrs. Hughes and Mary Baker coming in; then there was Richard Ludman and Ann Rhodes came out of the two pair of stairs; I never heard her come down, but she was then sitting in the lower room by a closet; they were all together then, Rhodes was sitting down, Baker was standing, Ludman was standing, and Mrs. Hughes was lading her stays; they were whispering together very fast, I could see their mouths going, but could not hear a word they said; one of them said, but I cannot tell which, at ten o'clock they were to take it, and lay it in that manner; they made motions with their hands.

Q. Did you see or hear any thing more at that time? - A. No; I went into my own room, Mrs. Hughes went out by herself first, and then Mary Baker with her; and Richard Ludman said, mother Hughes don't shut the door, and then they will have no suspicion; then I went to Mr. Dibble's and gave an alarm; I went after he was cut down and saw the body of the deceased.

Q. Do you believe that to be the same person you had seen in Mrs. Hughes's house on the Thursday and on the Saturday? - A. Yes, the same man.

Cross-examined by Mr. Knowlys. Q. This man you had seen twice before this accident happened? - A. Yes.

Q. He seemed to be very much at case, and lighting his pipe; perfectly contented with his situation? - A. Yes.

Q. You had gone to bed late on Saturday night, had not you? - A. The clock struck twelve as I got into bed.

Q. Mrs. Johnson sleeps very close to where the deceased lay? - A. Yes.

Q. If any noise, or struggle, had taken place, she must have heard it? - A. I suppose so.

Q. I hope she did not go out after twelve that night? - A. She supped at home, and went to see a gentlewoman a little way home, and I waited for her coming home; and she was in bed by twelve o'clock.

Q. You had never discovered the chink in the upper room till that day? - A. No.

Q. It was a narrow chink? - A. A crevice, with a splinter gone out of it.

Q. Will you venture to swear, that through so narrow a chink as that, you could see what that person's complexion was through a chink only? - A. Yes; Mrs. Hughes was standing with her back to the window.

Q. The light did not fall upon her face, and yet you could discern the alteration in her complexion? - A. Yes.

Q. Afterwards, when you came down, these people appeared to be whispering? - A. Yes; their mouths were going very fast.

Q. And yet Ludman said, very loudly, mother Hughes, don't shut the door, and then they will have no suspicion; he made no secret of that at all? - A. I don't suppose he thought I knew it.

Q. What way of life are you in? - A. A very good way of life; my husband is at sea, and I have nothing to support me but from him.

Q. Did you know a person of the name of Dodd? - A. No.

Q. You are sure of that? - A. Yes; I am very sure of it.

Q. Did you know a person of the name of Payne? - A. I did, years back.

Q. You were pretty intimate with him, were not you? - A. I was, one time back; when he was a young man, an apprentice, I suppose about twenty years back; we were children, and went to school together.

Q. You never heard, perhaps? - A. Yes, I have heard; he was nothing to me when he did die.

Q. How did he die? - A. He died for the dollars.

Q. What did the dollars choak him? - A. No; he suffered for that.

Q. He was hanged, you mean? - A. Yes.

Q. Was your husband at home at that time? - A. No; he had been gone to sea about a month.

Q. Who is Mrs. Johnson; an unfortunate woman, is not she? - A. No; I know nothing of that

Q. Does not she pass in the neighbourhood as an unfortunate woman? - A. No, she does not as I know of; I never saw an indecent thing by her.

Q. Will you swear she does not pass in the neighbourhood as an unfortunate woman? - A. Not that I know of; I never heard any thing of the kind.

Q. Did you never hear any person represent her as such? - A. No.

Court. Q. You saw the corpse of this unfortunate man? - A. Yes.

Court. Q. What cloathing had he on when you saw him? - A. He had a waistcoat on; and he had no coat on when he came down to light his pipe.

Q. Do you recollect the colour of his waistcoat? - A. A washing waistcoat; and, I believe, there was some yellow amongst it, but I will not be sure; he had stocking-net breeches, a kind of a brown, a corderoy colour; a kind of blue stockings, and his shoes tied with strings.

HENRIETTA JOHNSON sworn.

I lodge in Mrs. Darby's house, next door to the prisoner Hughes.

Q. How is that house parted from Mrs. Hughes's house? - A. By a thin wainscoat.

Q. Are there any holes through that wainscoat in any part of the house? - A. Yes; in the first floor, and in the passage below.

Q. What sort of holes are they? - A. They appear to have been made with a gimblet.

Q. Are there any holes in the garret? - A. There is a crevice in the garret. On the Saturday afternoon, at five o'clock, I heard Mrs. Hughes, up stairs, say to the deceased, strike me-

Court. Q. Where were they at this time? - A. In the first floor; she said, strike me, you dog, strike me; I did not hear any reply, she said nothing more.

Q. How do you know she was speaking to the deceased? - A. There was no other person in the room that I could see.

Q. When you saw him, what was he doing? - A. He was sitting by the table, smoaking his pipe; and about half an hour after, the deceased and Mrs. Hughes drank beer together.

Q. In the course of that day, had you seen him before? - A. Yes, on the Saturday; I had seen him soon after twelve o'clock; I saw nobody with him at that time.

Q. The next morning were you called up by any body? - A. Yes; by Mrs. Darby, about seven o'clock.

Q. When you were called up, where did you and she go together? - A. Into the garret; and through the crevice in the garret I saw Ann Rhodes standing by the window, and looking very much down to her apron; Mrs. Darby and I came down stairs, and heard Mrs. Hughes's street-door unlock, I heard two people come down from the garret; I applied to the gimblet holes that were in the passage, and there saw the four prisoners all together: Mrs. Hughes, Ann Rhodes , Richard Ludman, and Mary Baker ; Ann Rhodes was sitting down, the others were standing up, seemingly very much confused; they whispered a great while, I could only understand something that they talked about laying down at ten o'clock, I could not tell what it was; they made motions with their hands as if there was something to be laid down on the floor at ten o'clock.

Q. Do you recollect any words that any of them used? - A. No; except something that was to be laid down at ten o'clock, and that was Ann Rhodes.

Q. Did you hear or see any thing more then? -- A. I did not.

Q. Mrs. Darby was by you at this time? - A. Yes.

Q. Was she looking too? - A. She was; Mrs. Darby then went out and made an alarm; I saw the body of the deceased on the Monday.

Q. Was it the same person you had seen before? - A. His face was very much altered; but from his figure and dress I do think it was the same person.

Q. Had you ever seen him with his coat on? - A. Yes, but only by moon light; his waistcoat was yellow, with a small dark stripe; his breeches were brown, and appeared to be corderoy; his stockings were blue; I did not see whether he had buckles or not while he was alive.

Q. You believe him to be the person you had seen alive? - A Yes.

Cross-examined by Mr. Knowlys. Q. When you went up to the upper part of the house, could you distinguish the colour of Ann Rhodes's gown? - A. Yes; the had a brown gown on.

Court. Q. When Mrs. Hughes went out of the house, was any thing said? - A. I did not hear any thing, only what Mrs. Darby told me.

Court. Q. Did you go up alone, or in what company, for the purpose of seeing the corpse? - A. I went up alone.

were coming up stairs, that said any thing to you, as to going up or not going up? - A. No, except the constables; I was desired to see the body.

Q. Did you make any enquiry at Hughes's house of Ann Rhodes, whether she was at home, or any thing of that sort? - A. No.

Mr. Knowlys. Q. Could you, do you think, by that crevice, distinguish any shade of colour, whether it was a dark brown, or a light brown gown? - A. Yes; the room was very light, and I think I could.

Q. She was with her back to the window, and the face looking down? - A. Yes.

Q. So that the light was very little upon it? - A. The light was very little upon her face.

Q. How long have you lived with Mrs. Darby? - A. Four months.

Q. Are you a married woman, or single? - A. Married; my husband is abroad, he is in the army.

Q. What work do you engage in? - A. I take in needle-work.

Q. On the Saturday, what time did you go out? - A. I was at home till seven, and I came in at ten, and supped with a lady, a friend of mine; and after supper, I went home part of the way with that friend, and returned home again at near twelve.

Q. Do you go out much of an evening? - A. No, very seldom.

Q. After you had heard this expression of Mrs. Hughes, as you say, to the deceased, strike me, you dog, strike me, they seemed amicable, and were drinking beer together? - A. Yes; Mrs. Hughes was very much in liquor, and had been for some time.

EDWARD HOWELL sworn.

Examined by Mr. Gurney. I am a watchman belonging to the Custom-house.

Q. On the Sunday morning, did you hear any thing that induced you to go to Mrs. Hughes's house? - A. I heard that there was a man hanged, at No. 1, Dean-street; then I went into the house, and went up stairs, and I saw the man hanging. I directly turned myself down stairs, and shut the street-door.

Jury. Q. Was the street-door open when you went in? - A. Yes.

Mr. Gurney. Q. Were you the first person that went in? - A. No; I believe Mr. Dibble was the first person; and I asked who belonged to the house, and the prisoner Ludman said, I slept in the house last night; he was then standing by the inside door in the kitchen; he told me, says he, I slept in the house last night; says I, then you must stop till there are proper officers come to take care of you; and with that Mr. Dibble came down stairs, and desired me to take care of the door, and let nobody out nor in.

Q. Did Ludman say any thing more to you after that? - A. He wanted to go out by me just as Mr. Dibble came down; I told him he should not go, nor nobody else should go out of the house till there were proper officers to take care of them; upon that, he takes a stool and goes and sits himself down, and says, damn my eyes, I may as well sit down, for you can but hang me.

Q. Did you see any of the other prisoners at that time? - A. They were all in the same room at the time.

Q. Were they in the hearing of that expression? - A. They were; and I desired of somebody to search Mrs. Hughes, to see if she had got any papers, or any thing that would lead to a discovery of who the man was; in about ten minutes after, I went up to see the dead body, he was then hanging to the foot-post of the bedstead, and his hands were tied behind him back to back.

Q. If you have any tape with you, describe how his hands were tied? - (The witness ties a man's hands in the same way in which he found the hands of the deceased).

Q. Do you know if that is what is called a sailor's knot? - A. Some call it a sailor's knot, and some a timber hitch.

Q. Is it a sort of knot that sailors use? - A. Very often.

Court. Q. Are you acquainted with the sea yourself? - A. No.

Q. Were the wrists close together? - A. Yes; rather strained.

Q. Was it tied in a manner that a man could have tied his own hands in? - A. It is impossible; a man may tie his hands together, but I think it impossible for him to tie them in that manner.

Q. How near was the head of the body to the top of the bedstead? - A. About four inches; and he was on tip-toe.

Q. With what were his hands tied? - A. Tape. twisted like that.

Cross-examined by Mr. Knowlys. Q. His wrists were not quite close, I think? - A. Not quite.

Q. You have not tried the experiment, whether you could tie your hands behind you in that manner? - A. No.

Q. The chest, I take it, was leaning forward? - A. No, quite upright.

Court. Q. Was the head leaning from the noose? - A. No, leaning to the bed-post; and the noose the same side, next the bed-post.

Mr. Knowlys. Q. There must have been some considerable struggle to have secured a man in that way? - A. Yes.

Q. And must have taken some time? - A. It? must.

Q. Was he dressed at that time? - A. No; he had every thing on but his coat and hat; he had his

waistcoat and breeches, and stockings and shoes on; he had no handkerchief, I believe, upon his neck; he had a neck handkerchief round his face, tied upon the forehead.

Q. It did not appear as if he was at all undressed to go to bed? - A. No; his breeches knees were tight, and all tight.

Q. He did not appear like a man disturbed in his sleep? - A. No.

Q. Describe how that handkerchief was placed? - A. Tied on the forehead, and hung down to cover his face just to the tip of his chin.

ARCHIBALD M'DOUGAL sworn.

Examined by Mr. Gurney. I am a sailor, I lodged at Mr. Dibble's, the Black-horse, East-Smithfield, at the time this affair happened: On Sunday morning I was alarmed, and went to Mrs. Hughes's house between eight and nine o'clock.

Q. Who did you see there first? - A. Dick Ludman and Nance Rhodes, and the two men that were stopped from going up stairs, one a sea-faring man, and the other that is at our house now, they were being stopped from going up stairs when I went in, they were a-head of me, and Dick Ludman and Nance Rhodes said, what do you want here, you have no business here; says Davis, I want to go up stairs to see our friends; and I said, likewise, I do; and then they stopped us from going up stairs, and Davis gave Ludman a shove on one side, he was next the door; says I, the devil won't stop me from going up stairs; Davis was rather a-head of me, and pushed the door open, and saw the body hanging up, with his hands tied behind him, and his fingers Black, and I just touched him on the arm; when I came down stairs, says Dick Ludman, a man has hung himself in this house last night; says I, you scoundrel, the more shame for you; and the first person I met was my landlord, Mr. Dibble; and I informed him of it.

Court. Q. Did you know Ludman before? - A. Yes; I have seen him at different times before.

Court. Q. Do you know what he was? - A. No; I have seen him about there all last winter; I don't know what he was.

Mr. Gurney. Q. Did you take notice enough of the manner in which it was tied, of the sort of knot, that if you should see two hands tied you should know it? - A. No; I was so frightened I did not take any notice of it.

Cross-examined by Mr. Knowlys. Q. It was Ludman and Rhodes endeavoured to prevent you from going up stairs? - A. There were nobody else in the house at that time that I saw.

WILLIAM DIBBLE sworn.

I keep the Black-horse, East-Smithfield: On Sunday morning, the 22d of May, between eight and nine o'clock, Mrs. Durby came to my bar for a, quartern of gin; in consequence of what she said, I sent my lodgers to her house, and I went there myself a little before nine; I went up one pair of stairs, and at the bed post I saw the man hanging; the cord he was hung by to the bed post, was about twelve inches, from the neck to the top of the bed post, and he had a white handkerchief tied very neatly over his face; I could not discern his face at all.

Q. How was it tied round his head? - A. It was a long white handkerchief, tied two or three times. round his head, and then drawn over his face; his hands were tied behind him with a tape (produces a piece of it), it was twisted different times round; the backs of the hands were close together, drawn very tight; the cord had sunk very deep into his hand, the hand was swelled as much over the tape, as the neck was swelled over the rope; I first went and examined the body, and then called the officers; I got one Mr. Anderson; I thought it proper to secure the prisoners, and I saw three of the prisoners, not Mrs. Hughes, but the other three in the lower part of the house; I said to Ludman, did you sleep. here last night? he said, yes; I said to each of the girls likewise, did you, each of you, sleep here last night? and they said, yes; and do you know any thing about this man being hung? no, they did not know the man was hung.

Q. Who said they did not know the man was hung? - A. Each of them; I asked them, do you know any thing at all about it? No; we know nothing at all about it; by that time Mrs. Hughes came in.

Q. Before Mrs. Hughes came in, did Ludman say any thing about knowing whether he was dead or not? - A. He said, he knew nothing at all about his being hung, or being dead; when Mrs. Hughes came in, I asked her likewise, and she said, she did not know how it was, but she supposed the man hung himself; I said, Mrs. Hughes, that is impossible, and under that I must stop you all as prisoners; I stopped them all, and desired Mr. Howell to stand at the door, and see that none of them went out, and Ludman says, Mr. Dibble, can I have bail for this nonsense? no, Dick, says I, except you have King George for your bail; then, from that, the gentleman cut him down, and I went and saw him cut down, and a little after that, we searched Mrs. Hughes's pocket, she denied having any duplicates; we asked her where the duplicates of his cloaths were, and she said she did not know; we searched her and found a duplicate of a coat and waistcoat, and, I think, one or two handkerchiefs, I cannot be positive which, I only saw them in the officer's hands, it was by my desire that she was searched for them.

Q. What was his way of life? - A. I cannot tell; I have been told he has been in that unfortunate way of kidnapping, I don't know.

Cross-examined by Mr. Knowlys. Q. Mrs. Hughes did not pretend to be ignorant that he was dead, but supposed that he had hanged himself? - A. She did not.

Q. The other did? - A. Yes.

Q. Had Mrs. Hughes at that time recovered the intoxication she had been in over-night? - A. She appeared to be sober.

Mr. Gurney. Q. Did you see her child? - A. Yes; a little boy, about seven years old; she delivered me the child, she wanted the child herself at the office, and I said, no, Mrs. Hughes, you must not, children often tell truth, and I delivered the child to the parish officers.

Mr. Knowlys. Q. Do you know any thing of Darby? - A. I never saw Mrs. Darby in my life, till that morning she came for a quartern of gin.

Mr. Gurney. Q. She was not in the habit of coming to your house for gin? - A. No; she only came by way of informing me of the circumstance, I never saw her before to my knowledge.

Court. (To Mrs. Darby). Q. When Mrs. Johnson returned home, did you observe any thing particular to attract your attention? - A. No, not at all; I heard somebody going up stairs about twenty minutes past eleven, but I did not take any particular notice of it.

Q. Do you know who slept in the garret? - A. I saw Ann Rhodes sitting in the garret, and I suppose she slept there.

Q. Do you know where Baker slept? - A. In the same room as Mrs. Hughes; in the lower room there are two bureau bedsteads, both open, close together.

Q. What was the last time you looked through the crevice, in the day time? - A. Between eight and nine o'clock, I saw the poor man come down to light his pipe.

Q. Was Mrs. Johnson with you at this time? - A. No, she was out.

Q. At that time, how was he dressed? - A. He had no coat on.

JOHN KNOWLAN sworn.

I am a police officer of Whitechapel; I did not apprehend the prisoners, I took them to Newgate, I assisted the goaler in taking them all.

Q. Did any thing pass among them as you were taking them along? - A. Yes; as we came along in the coach, Ludman asked me when he was to have another hearing before the Magistrates; I told him he was fully committed, he was to have no other hearing; he made answer to Mrs. Hughes, what a wicked woman you are, you brought us all into this murder, and why not tell the truth; she said, I have told all I knowed about it; he said, no you have not; you know you knocked the man twice on the head with a poker, as he lay asleep on the bed; she said they might all say as they pleased, the knowed nothing about it: Mary Baker made answer, the man never could tie his hands and hang himself in the manner as he was; Mary Baker said, Mrs. Hughes, you know you are guilty, and tell the truth before we be hanged; Mrs. Hughes made answer and said, if I am guilty you are all as guilty as I am.

Q. This was after they had been examined before the Magistrate? - A. Yes.

Q. After the Coroner's examination? - A. Yes; after they were fully committed.

Cross-examined by Mr. Knowlys. Q. Ludman wanted to accuse Mrs. Hughes as having a share in this affair, which she denied? - A. Yes.

Q. You saw the body? - A. Yes.

Q. Then he attempted to lay that story upon Mrs. Hughes, of striking him with a poker; you saw no marks of violence on the head, did you? - A. No.

Q. And you attended the Coroner's examination? - A. I was not examined.

GEORGE ATKINSON sworn.

I am a glazier, I live in East-Smithfield.

Q. Did you see the body of the deceased? - A. Yes; after it was cut down.

Q. In what state were the hands? - A. They were tied close behind.

Q. Did you take any particular notice of the knot with which they were tied? - A. I observed it twisted and tied in a way that I could not have tied it myself; and it was noosed and twisted underneath.

Q. Had you any conversation with either of the prisoners afterwards? - A. Yes; with Ludman upon Monday morning before they went to the Magistrates; being the late constable of the parish, I had the key of the watch-house; I spoke to Ludman, and told him what a shocking thing it was, if he knew any thing about it, he had better mention it.

Court. Then we must not hear it.

Mr. Knowlys. Q. Could you at all perceive any mark of violence about the head, as if it had been struck with a poker? - A. No.

Q. Did you examine the head? - A. I did not.

Mr. Gurney. Q. Did he wear his own hair, or a wig? - A. His own hair.(William Hughes, the son of the prisoner, about seven years of age, was called, but appearing to be unacquainted with the nature of an oath was not examined.)

Q. Did you see the body of this person, who was found dead at Mrs. Hughes's? - A. Yes.

Q. Did you know him? - A. I knew him perfectly well in his life time.

Q. What was his name? - A. George Hebner .

Q. Do you know the widow that has been examined? - A. Yes.

Q. You know that she is the wife of George Hebner ? - A. I do.

Q. Are you sure that the body you saw is the body of George Hebner ? - A. It is; I did not recollect it at the instant, but since that I have recollected every part of his person.

Q. Was the countenance at all distorted when you saw him? - A. It seemed to be rather black.

JOHN CRACKNELL sworn.

I am a constable of the parish, (produces the cloaths,)they were taken off in my presence.

Q. Did you receive any cloaths from a person of the name of Murray, the pawnbroker? - A. No; he is here with them.

Court. (To Mr. King the surgeon.) Q. Whether you examined the scull of this man, so as to ascertain whether there was a bruise or not? - A. There was certainly no fracture, there might be a slight contusion, but nothing of any great importance.

Q. He wore his own hair? - A. Yes.

Q. A man may be stunned without any appearance being made? - A. It could not be done with an iron instrument without a wound.

Q. You did not shave the head? - A. No.

JONATHAN MURRAY sworn.

I am a pawnbroker; Mrs. Hughes pledged with me a coat, waistcoat, and two half muslin handkerchiefs.

Q. Were they pawned at different times, or at the same time? - A. On the 19th of May, one half handkerchief.

Court. Q. At what time of the day? - A. I don't recollect particularly, I know it was in the daytime; it might be about the middle of the day. On the 20th there was a waistcoat and another half handkerchief pledged in the morning together.

Court. Q. What time do you shut up shop? - A. Ten in the evening; the waistcoat was pledged for 4s. 6d. and the half handkerchief for 9d. and on Saturday the 21st of May, the coat was pledged about four o'clock in the afternoon, for half a guinea,(produces them all.)

Q. Have these things been shewn to Mrs. Hebner? - A. Yes; and they were sworn to before the Magistrate.

Ludman's defence. On Saturday morning I got up between five and six o'clock to look for a job; I could not get any thing to do; I walked about in the middle of the day; my mother asked me to mend a wheelbarrow; I began to mend the wheelbarrow, and at three o'clock in the afternoon my mother and sister went to Bow-fair; she desired me to keep some fire till she came home at night; I went up to this public-house about ten at night, because they were not come home, and I sat down there; my mother came to me in the public-house, and asked, have you seen your father? I told her, no; and she gave me a clasp-knife; I sat in one box, and these girls sat in another; I offered this girl, Rhodes, a pint of beer; by that time the beer was out, she said, we will go to Mrs. Hughes's, and we did; Mrs. Hughes and Baker were there; Mrs. Hughes said, I must go up to bed in the dark; she had got no candle; I slept till between seven and eight in the morning; Mrs. Hughes came up to me and said, for God's sake come down, here is a man in the house hanged himself; she said, for God's sake do not make a noise; I came down, and the first word that Mrs. Hughes's little boy spoke was, mammy is the man dead? and she said, yes, my dear; when she found I would not stay in the lower apartment any longer, this woman kept me in talk till the mob came in; a man came in; says I, there is a man hanged himself; I had hardly spoke the word, when several more came in, and I went up stairs and saw the man hanging; I never saw the man before in my life to my knowledge.

Rhodes's defence. I went to Mrs. Hughes's on Saturday night, I asked her if she had a bed to let; she said there was only a garret; the gentleman was sitting smoking a pipe without a coat or hat; there was a pot of beer sent for, but I never saw the man eat or drink in my life; I went away and left them, and when I came back I asked for a light, and she said she had no light; if I had a light I could not have been off seeing the man hanging, as I went by the door; I went to bed, and in the morning Mrs. Hughes came up, and said the man had hanged himself; she said she would not have the house alarmed till she had had her breakfast.

Hughes's defence. The gentleman came to lodge at my house on Wednesday night; he was recommended there by the watchman; he asked what he should give me to lie by himself in a good bed; I told him 1s. I went up on Thursday night, I asked him what he would have to eat or drink; he said he would have a pint of milk; he got up on Thursday morning, I went to fetch the hair-dresser to shave him; he washed his hands and was shaved, and went out; he came in again about ten o'clock; he waited for me some time, I was not at home; and when I came in he asked me if that bed was let; I told him it was not; I gave him a light, and he went up stairs; between nine and ten o'clock the next morning I asked him if he would choose any

thing to eat or drink; he said he had no money; says he, I have got three neck handkerchiefs, if you will pawn them for me; I said, they will not bring much; I went to Mr. Murray's and pawned one of them for 8d.; he took the 8d. that I pawned it for, and went out; he never paid me for the bed that morning, and he came back again on the Friday morning, and said he was very much distressed, and desired me to take his waistcoat and sell it to the Jews; I refused to do that, and then he asked me to pawn it for him, which I did on the Friday; I got 4s. 6d. upon it, and he gave me 1s. of it for the bed; he came again at night, and asked if the bed was engaged; I told him no; I went up in the morning, and asked if he would have any thing to eat; he said he would have nothing at all to eat or drink, and was very faint; he said he had been defrauded by one man of 40l. and another of 30l. and he was ashamed to go home; he wanted me to pawn his coat; he said he would take it as a great favour; I endeavoured to persuade him against it, but he begged I would, and said he would go home without his coat in the evening; I went on Saturday afternoon and pawned his coat for half a guinea; I went to the Black Horse and got this change for half a guinea and some beer and tobacco; he sat two or three hours, and desired me to get him another pot of beer, which I did; he took in some milk at four o'clock, and wanted to give the milk man a pint of ale; he went up with his beer and pipe, and came down at seven o'clock and asked me if he could have any thing hot; I said nothing but sheep's head, which I supposed would not be agreeable to him; he said it would, and I sent out for two or three, I am not certain which, and he had another pot of beer and sat smoking his pipe till about nine o'clock, and then he went up stairs with a candle and his pot of beer and pipe, and I saw no more of him till the next morning, when I went up to ask him if he would have any thing, and saw him hanging to the bed-post.

Baker's defence. I was recommended to Mrs. Hughes's house on Friday night; I never was there before in my life; I went out, and as I was coming down Dean-street back again, Hughes asked me to fetch her some eggs; she was very drunk; I saw the deceased come down and light his pipe, and two more young women were in the house; she gave me one of the eggs, and carried the rest up stairs; I went out, and came in again about nine o'clock; Rhodes came in just-after me; I went out, and Rhodes went out, and left this gentleman drinking with Mrs. Hughes by the fire-side, I dare say it was very high twelve o'clock; I knocked against the door, she got up and opened the door; all three went to bed together, and about two o'clock the watchman called at the window and asked if she had a bed to let; and it was a Dutchman, and he made me a small compliment, and I went to bed with him; Mrs. Hughes came down stairs on the Sunday morning, and said, the gentleman has hung himself; I screamed out, Lord have mercy upon us; she begged I would not make any noise, that Mrs. Darby should not hear us; I desired her to call Dick Ludman and Ann Rhodes , who were a bed up stairs; I went out to get something, and when I came in again the house was broke into; I never saw Mrs. Hughes till the Friday night.

For Hughes.

JAMES FISHER sworn.

I live in King-street, Holborn, I am a coal-merchant; I have known Mrs. Hughes from ten to twelve years; when she was married, I served them with coals.

Q. What character has she bore with respect to good-nature and humanity? - A. When I have been at her house, I never saw the least appearance of violence; I visited them when her poor husband was near his dying moments, and I saw her attend him in a manner that would do honour to any woman; he was a master taylor.

Court. Q. Have you known her much since her husband's death? - A. Very little.

Q. How long has her husband been dead? - A. Between four and five years.

POSTHUMA HYDE sworn.

My husband is a sadler in Whitechapel; I have known the prisoner Hughes, between three and four years, I never heard any bad character of the woman in my life; she is a poor woman that has tried hard for her living, and had a child to keep.

Cross-examined by Mr. Gurney. Q. Did any person come to your house last night that you know? - A. No.

Q. Did any person come to your house in a sailor's dress last night? - A. Somebody came when I was in bed, and asked for Elizabeth Harris .

Q. Do you know any person of that name? - A. No.

Q. Who was in the house at that time? - A. No soul but my husband and me.

Q. There was no young woman in the house of that name? - A. No.

Q. You are certain of that? - A. Quite certain.

Q. There was nobody in your house of that name yesterday? - A. No.

ELIZABETH BERRY sworn.

I live at the bottom of Dean-street; I have known Mrs. Hughes these twelve months off and on.

Q. What character does she bear with respect to good-nature and humanity? - A. If I must tell the truth, but indifferent: she is a very violent woman when she is in liquor.

I live in Union street, Ratcliff-highway; I have known Baker ten years, she was about ten years of age when she came to London; she was with me two or three years as an errand-girl, and then she turned out an unfortunate girl, and I have never seen her since till the Thursday before this affair happened on the Saturday; she came to the door, dropped a curtsey, and begged me to give her an old shift, she was very much distressed; I was very much hurt at seeing her so distressed, she sat up all night in my kitchen, she was very bad indeed, and I sent for a doctor, and begged of him to try if he could do her any good; he advised me not to take such an affair in hand, for she had a very bad disorder upon her; and I told her to call upon me every day till she could get into the hospital, and I would give her a bit of victuals; she came again on the Saturday morning, and I gave her something, and one shilling to get her a bed, and she went, I understand, to this Mrs. Hughes's.

For Ludman.

RICHARD TOWNSEND sworn.

I have known the prisoner from his infancy; I never heard any thing amiss of him at all; he was a boy that was put out apprentice from Aldermanbury workhouse, to a shoemaker, in the translating line, who, when he had got the money, absconded from his business, and the boy had not learned his business; and I gave him some of my old shoes, and desired him to patch them up, that it was better to do that than be idling about, and he did them to the best of his judgment; I told him I thought he had better seek some other way of living, and he went a voyage to Greenland, and returned last August was twelvemonth, and he came to my house; I shook hands with him, and told him not to squander his money when he received it, but to give it to my wife, and whenever he wanted it he might have it of her; he made the money last him a long while, till he caught the disorder among those common people, so much so, that he was not able to work hardly, and I offered to put him in the hospital; and he was advised to do one thing and another, I cannot tell what, but I believe he has been living upon his mother mostly.

WALTER BENHAM sworn.

I am a cooper: I have known the prisoner from his infancy; he has been used to go about lately to sell greens, with an ass and a cart , to get his livelihood; he is of very honest parents, and, I believe, is a very honest lad.

ANN ROBINSON sworn.

I have known him eighteen years.

Q. Do you know any thing of him lately? - A. I believe his mother supports him; I don't think he ever was in any trouble in his life before.

Q. (To Cracknell.) Amongst those things, have you the handkerchief that was tied over the face of the deceased? - A. I believe not; I will look; -(opens the bundle and produces it, with a knot tied at the two ends).

Court. (To Mrs.Hebner.) Q. Was there any mark upon the neck-handkerchief Mr. Hebner had when he left home? - A. No; it had no mark upon it; it was a half-square plain muslin handkerchief. - (It was handed to the Jury, who having retired near an hour, returned with the following verdict):

ANDREW LINBURGH sworn.(The prosecutor being a Swede, an interpreter was sworn.)

I lost my silver watch, and seal, and every thing, and some money; but I cannot say how much, some silver, and copper; the prisoner asked me to walk home with her, I was there the whole night; when I waked, the prisoner was gone, and the door locked, there was nobody else slept in the room; I had all my clothes on but my hat, I was a little in liquor but not much; I missed my watch and money.

GEORGE FORRESTER sworn.

I am an officer: I went to the prisoner's lodgings, I knew her; I waited some time, and was told she was at Green-Bank; I went there and found her, she made great resistance; and I told her if she did not let me search her I would cut her pockets off; the prosecutor held her hands, and I made a further search, and found this watch (producing it,) in her bosom; she said he gave it her. (It was deposed to by the prosecutor).

Prisoner's defence. This young man was very much in liquor; he went home with me, and told me he had no money, that he would wish to stay, but he could not satisfy me; but he would leave his watch to satisfy me for his supper and sleeping with me; in the night he was dry, and he said he wanted a pot of porter; and he told me, when I came in

with the porter, that he wanted his watch back again; I was afraid he would take it from me, and I put it in my stomach; he told me he was ashamed to go on board his ship for money, he said he wanted it in the morning; he was very much in a passion, and being a foreigner, I was afraid he would use me ill; and then he shut the door, and shut himself out, and me too. GUILTY,

Of stealing the goods, but not privately . (Aged 44.)

Confined six months in the House of Correction , and fined 1s.

Tried by the first Middlesex Jury, before

Mr. Justice BULLER

Reference Number: t17960622-10

395. ROBERT EVERETT was indicted for feloniously stealing, on the 1st of June , an iron tea-pot plated with silver, value 20s. an iron teapot-stand plated with silver, value 5s. and two silver table-spoons, value 30s. the property of Mary Green , in her dwelling-house .

There being no evidence to affect the prisoner, on account of the absence of the constable, he was

ACQUITTED .

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-11

396. WILLIAM MOORBY was indicted for feloniously stealing, on the 2d of June , three pounds weight of copper rivets, value 3s. two pounds weight of sheet copper, value 4s. an iron anvil, value 2s. and a tin tobacco-box, value 1s. the property of George Oliver .

GEORGE OLIVER , junior, sworn.

I am a brazier : On the 2d of June, I lost some copper rivets; I found upon the prisoner about three pounds weight, the sheet copper was found concealed, they are the property of my father; the prisoner was a journeyman tin-plate-worker , employed by my father; having lost a quantity of copper, and other things, within five weeks, suspecting some of our people, we were upon the watch; the apprentice was concealed several days to look through a hole; I was called, and took the rivets from him; I went to the back shop door, and desired him to come into the kitchen; I took him by the collar, and desired him to empty his pockets; he took these rivets, all but five or six out of his pocket, in my presence.

Q. Where had you seen them before? - A. They were in the brazier's shop in a kettle, they were taken there that day, the iron anvil was under his bench, removed out of the copper snop, into the tin shop; having a search warrant, I went with the officer to his lodgings, and there I found a tobacco-box, which I believe to be the property of my father, he was taken before a Magistrate.

Cross-examined by Mr. Knapp. Q. You had not seen these things for some time? - A. Not the anvil nor copper.

Q. You had not seen the rivets? - A. I cannot say I saw these, I saw a quantity of rivets in the shop.

Q. Will you undertake to swear that the tobacco-box is your father's property? - A. I believe it is.

THOMAS HENDERSON sworn.

Between the hours of one and two the prisoner came into the brazier's shop; I was in the warehouse along side the shop, he came in to boil potatoes for his dinner; there was a hole made in the partition on purpose for me to look through; my master directed me to watch; he put the saucepan on the forge, and looked about the shop to see that all was clear; finding nobody there, he went to the kettle under the work-bench, and took the rivets out.

Q. Had you seen the rivets there any time before? - A. Yes; I saw them there the same morning; before he laid them on the forge, he put a few in his pocket at the time; I went and informed my master of it, he put me there again, and I saw him take some more, that is all I know.

Cross-examined by Mr. Knapp. Q. How long have you lived in this place? - A. About two years and a half.

Q. How far distant was the hole you looked through? - A. About six yards.

JOHN COOKE sworn.

I am a constable belonging to the Public Office, Shadwell; I went and searched the prisoner's lodging, and found this tobacco-box (producing it).

Prisoner. I leave my defence to my Counsel.(The prisoner called three witnesses, who gave him a good character). GUILTY . (Aged 22.)

Confined twelve months in the House of Correction , and fined 1s.

Tried by the first Middlesex Jury, before

The LORD CHIEF BARON.

Reference Number: t17960622-12

397. JOHN JAQUES was indicted for feloniously stealing on the 4th of May , nine pair of silk stockings, value 4l. the goods of Thomas Shute , in his dwelling-house .(The case was opened by Mr. Knapp).

THOMAS SHUTE sworn.

I am a wholesale hosier , in Cheapside .

Q. Is the shop part of the dwelling-house? - A. Yes.

Q. Have you any partner? - A. None at all: About eight o'clock on Wednesday morning, the 4th of May, I came down stairs and found my son engaged, showing the prisoner some coloured patent silk stockings; as he seemed to look them it largely, I thought it adviseable to attend him myself; he looked out a quantity of the coloured ones,

he desired to look at some white, saying, they were not all for himself, some were for his relations in the country; after he had looked out a quantity of the white ones, he asked if Mr. Hoole, the haberdasher, lived near, he wanted to buy some ribbons, and I directed him.

Q. Had he given you directions before this, to pack up any hose? - A. Yes; he had desired me to pack these things up with great care, that they might go to the country in safety, that he would go to Mr. Hoole's, and buy the articles he wanted there, and would return and pay for those he had picked out; I observed him open the door very quick; immediately upon his opening the door, or rather his going out of the door, my warehouseman, Thomas Harris , and my porter, Bryant Fitzpatrick rushed out after him; I forgot to observe that he had a close great coat, and pockets on the outside; those two persons in a few minutes brought him back without a great coat, the porter, Fitzpatrick, carrying the great coat on his arm; Harper, the Lord Mayor's officer, came with them into my house; he began to search him, and out of his great coat pocket, or pockets, drew the silk hose mentioned in the indictment; I charged him with the thest, he acknowledged it, and threw himself upon my mercy, saying, it was his first offence; Harper, the constable, has had the stockings in his custody ever since; he was taken immediately to prison.

Cross-examined by Mr. Knowlys. Q. Your son was serving in the shop when you came down? - A. Yes.

Q. What age is he? - A. About seventeen.

Q. I believe you have been so kind as to give him a share in the business? - A. Not yet.

Mr. Knapp. Q. What is the value of those things? - A. They stand me in 4l.

Mr. Knowlys. Q. The prisoner stated it was the first offence, and seemed very penitent? - A. I told him it was not his first offence, I could send for a person he had robbed.

Q. That is your opinion, in fact he said so? - A. Yes.

Q. These were not all silk stockings? - A. They are all silk.

THOMAS HARRIS sworn.

I was shopman to Mr. Shute: On the 4th of May last, the prisoner came into the shop, between eight and nine o'clock; I was dressing up one pair of stairs; Mr. Shute's son came to me, and told me-

Q. You must not tell us what he said? - A. I came to the top of the stairs, and looked some time, and saw the prisoner looking out some stockings; Mr. Shute was there at the time; I saw the prisoner take some stockings from the counter, and put them into his pocket.

Q. Were they loose stockings on the counter? - A. They were; I called the porter, and desired him to stand by him, and seize the prisoner the instant he went out of the shop; I waited a few minutes longer, and saw him take some more, and put into his pocket; I told the porter what I had seen; he said, he had better go down stairs, and seen employed at the bottom of the stairs, to be nearer the prisoner; immediately after, I saw him go out, and run away, and we pursued him down Gutter-lane, and Wood-street, and cried, stop-thief, and he threw his great coat off; I passed the great coat, and followed him down Wood-street, crying, stop-thief, the whole time; the prisoner turned into Lad-lane, where he was stopped by a man; I did not see him stopped, he was stopped the instant he was out of my sight.

Q. He was taken back to Mr. Shute's? - A. I brought him back, and met Fitzpatrick with the great coat, and we went with him to Mr. Shute's; when we returned, some stockings were taken out of the great coat pocket, by the porter, and some by Mr. Hart, there were nine pair of silk stockings.

Q. Do you know which side pocket it was? - A. No; I looked at two of them, and found my own mark upon them, I had put it some time before.

Q. You have no doubt they were Mr. Shute's property? - A. Not the least in the world; Mr. Shute desired Fitzpatrick to go for a Mr. Wathen, a hosier, at Snow-hill; the prisoner said, it was unnecessary, there were sufficient evidence against him, he threw himself entirely upon Mr. Shute's mercy; he said, it was his first offence, and when he heard his safe, he would pity him, and not be severe against him.

Q. This was after you came back, and said, you saw him take the stockings? - A. No; it was alluding to the stockings taken out of his pocket.

Q. He had been some time in the shop before you ran out? - A. Yes.

Q. Bargaining with Mr. Shute's son? - A. Yes.

Q. You say, as he ran, he threw his great coat off? - A. Yes.

Q. That must take him some time? - A. He might do it in an instant.

BRYANT FITZPATRICK sworn.

Examined by Mr. Knapp. Q. I am porter to Mr. Shute; in cosequence of the directions I received, I pursued the prisoner across Cheapside; he turned down Gutter-lane, and I cried, stop-thief; he had a great coat on; he turned into Goldsmith-street, and there I saw him throw off the great coat; I was about as near to him as I am to you; I picked up the great coat, he went across the way into

Wood-street, and I saw no more of him till I met him coming back with Mr. Harris; I laid hold of him in Wood-street, and brought him back to Mr. Shute's shop; I gave the coat to Hart the constable; I then took a part of the stockings out of the pocket, and Hart, the constable, the remainder; there were nine pair of silk stockings; Hart took care of the coat; Mr. Shute told me to go and tell Mr. Wathen, of Snow-hill; the prisoner said, there was no occasion to give himself further trouble, for there was sufficient evidence against him, I went with him to the Compter.

Q. After two days, he was taken before the Lord Mayor and committed? - A. Yes.

WILLIAM HART sworn.

I am a city constable: on the 4th of May, I met the prisoner in Wood-street, in custody of Harris and Fitzpatrick; I went with them to Mr. Shute's house; I have a great coat I received from Fitzpatrick; I have had it ever since; there were nine pair of silk stockings in the pocket, (producing them).

Harris. (Looks at them.) There are four pair which are marked by myself, those I speak positively to; the others have no mark that I can swear to; those that I can swear to are worth about two guineas.

Cross-examined by Mr. Knowlys. Q. You put them at the price you would sell them at? - A. No; the price they cost us.

Q. Perhaps, though they cost you two guineas, the manufacturer could manufacture them at thirty-six shillings? - A. They might cost the manufacturer less than two guineas.

Mr. Shute. (Looks at them.) I am able to speak to those that are marked, the rest I believe to be my property; the whole cost me four pounds ten shillings.

Prisoner's defence. I am perfectly satisfied with the conduct of my Counsel; I only beg that your Lordship, and the Jury will divest yourselves of every prejudice from my name being Jaques, and my being brother to a man of a very infamous character; it would be extremely hard if my character were hurt through him, for he has been my greatest enemy; I have been distressed and ruined by my brother; I believe the Court are in possession of it; I shall leave myself to the mercy of the Court and Jury.(The prisoner called four witnesses, who gave him a good character). GUILTY, (Aged 30.)

Of stealing the goods to the value of 39s. (He was afterwards tried, and capitally convicted, upon another indictment, so that he received no sentence upon this indictment) .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960622-13

398. JOHN HILL was indicted for feloniously stealing, on the 25th of May , a silver pint mug value 3l. the property of Edward Brown , in his dwelling-house .

EDWARD BROWN sworn.

I keep a waggon-inn, at Uxbridge : On Wednesday, the 25th of May, I lost a silver pint mug about a little after eleven o'clock at night; the prisoner came to my house, and had two pints of beer between five and six o'clock, and sat drinking with another person; he went out, and was gone about an hour, and he came back again, and engaged a bed to sleep there; he called for another pint of beer; he had all the three pints of beer in this mug; the boy was just gone to bed, and the house was clear; my wife called out to tell me he was gone across the way with the mug; I followed him over to the White-horse, and asked, if they had any stranger there; they said, no; he was afterwards taken by the post-boy, whose name is Alladine, he took him to London the same night; I never saw him again till I saw him in the watch-house; I went three miles with the post-boy upon the road; I told him if he would pursue him, and take him, I would give him five guineas; I afterwards saw him in St. Giles's watch-house; that was at three o'clock the next day, Thursday; and the watch-house-keeper there shewed me the silver mug; I knew it immediately.

Q. When had you last seen it in your house before you missed it? - A. I saw it that morning after it had been washed; the prisoner said, just before he was going to the Justice, "consider me;" I said, I could not consider any thing but justice; he said,"well then, you can but have my life;" I said, I don't want your life, I want nothing but justice.

Q. What is the value of this mug? - A. About three pounds; it cost me three guineas, or three pounds five shillings; I bought it as old silver, about a year and a half ago.

Cross-examined by Mr. Knowlys. Q. You never saw the pot in the prisoner's hands? - A. No.

Q. Did the post-boy come to your house before the prisoner went? - A. No.

Q. Had the post-boy called at your house that day? - A. No.

Q. Don't you know he was drinking with the prisoner at the bar? - A. No.

Q. It might have been so, and you not have seen it? - A. It might.

THOMAS ALLADINE sworn.

I am a post-boy, I live with Robert Clark , No. 22, Aldermanbury, he keeps a large stable-yard, and an inn, and three post-chaises; I took up two gentlemen in Lombard-street, and carried them to the Crown Inn, Uxbridge; I got to Uxbridge about half past ten. I refreshed myself and my

horses, and was coming away at twelve, and never was out of the Crown yard till I came away; the landlord came up, and desired me to stop; he got into my chaise, and the ostler upon the bar, and desired me to take him to the Red-lion at Hillingdon, and I should have a pint of beer; he said, he had lost a silver mug; and then he desired me to carry him to Hayes, and drive pretty quick over the common, he said, the man could not be got much farther; he gave me two sixpences to drink, and described the man to me, and told me, if I would take him and the pint mug, he would give me five guineas; I came about a mile and a half farther, and the prisoner called to me, and asked if I was going to town; and I said, yes; he jumped upon the bar, and, in about four miles, he said he was cold, and he would get inside; and I said, so would I; and then I saw the pint, there was a handkerchief lapped over it; and as he laid it down, the handkerchief dropped from it, and he fell back in the chaise and went to sleep; when we got into St. Giles's, I stopped, and let him out, and asked him for the money for driving him, and he gave it me; and when I let him out, I catched him by the collar, and said, Sir, I believe I must stop you, for a robbery that was done at Uxbridge lak night; he says, do you think I am a thief? I said, I have not the least doubt but you are the thief; and in scuffling, his hat fell off, and there was a silver pint in the lining of his hat; says he, you don't know me, nor I you; and he offered me a silver watch, which he said cost him five guineas, and a gold seal to it, to let him go; and I said, I would not have any bribery, and he shoved it into my breast; I said I would not have his watch, and holloaed out watch three or four times, and a watchman did not come for some time; and when he saw the watchman, he threw the pint behind him, and I told him to pick it up again, which he did; and I desired a watchman to look after my horses while I gave charge of him to the watchman, which I did, and sent express off to the landlord that I had taken the man; the prisoner laid it upon the bench before the constable of the night.

Q. Should you know the mug again? - A. Yes, particularly well; the watchman bid me mark it, and I marked it with the snuffers with a cross upon the bottom.

Cross-examined by Mr. Knowlys. Q. You know the mug again by the mark? - A. Yes.

Q. Should you know the hat again by the mark? - A. No.

Q. Did not the Justice desire the hat to be marked, because it was impossible it should hold such a mug? - A. No; he did not say any such thing.

Q. Will you swear the pot was in the lining of the hat? - A. Yes. (The prisoner produces his hat).

Q. Upon your oath, was not the man's hat marked before the Justice? - A. No; not before the Justice.

Q. Where then? - A. I never saw the hat marked.

Q. Will you swear the hat was not marked before the Justice? - A. I did not see it marked.

Q. Did not you hear Mr. Conant desire the hat to be marked? - A. I did not.

Q. Upon your oath, when you said the pint pot was in the lining of his hat, did he not desire the hat to be marked? - A. No, I did not hear any such thing.

Q. He had a pint pot in his hat? - A. Yes.

Q. And that hat on his head? - A. Yes.

THOMAS BIRMINGHAM sworn.

I am ostler to Mr. Brown: I sat with the prisoner in the settle in the tap-room till the clock struck eleven at night; I got up to set a team off, and as I came by he had the pot, instead of being upon the table, by his side with his hand over the top of it; while we were setting the horses on he went away; there was nobody there but him then; my mistress came out to see us.

Cross-examined by Mr. Knowlys. Q. Did you see when he went out of the house? - A. No, my mistress saw him.

Q. Is she here? - A. No.

RICHARD BROWN was called.

Q. How old are you? - A. Past fourteen.

Court. Q. What will become of you if you swear that which is not true? Don't you expect to be punished if you tell a lie? - A. I don't know.

VALENTINE RUMBEY sworn.

I am watch-house-keeper at St. Giles's in the Fields: The prisoner was brought in to me on Thursday the 26th of May, at four o'clock in the morning, by the post-boy and the watchman; the prisoner had this mug in his hand in a handkerchief, when he came in he laid it down on the bar.

Q. What charge was given of him? - A. Upon suspicion of stealing this pint pot from a house at Uxbridge; the prisoner denied it, the post-boy put a mark of a cross upon it, I have had it ever since.

Cross-examined by Mr. Knowlys. Q. Did the Magistrate desire the prisoner's hat to be marked? - A. Yes.

Q. In the post-boy's hearing? - A. I believe it was, but I don't think he took any notice of it.

Q. Look at that hat, and see if that is the one that was marked? - A. This is my marking, in my hand-writing, it is the very same hat.

Q. The Justice desired you to put the mark on, to see if it was possible for a man to wear that hat with the pint pot in it? - A. Yes.

Q. (To Brown.) Look at that pot, and see if it is your property? - A. If it is mine, there is my name engraved upon the front of it, E. M. B. This is my pot.

Q. Mr. Knowlys. That pot you bought a year and a half ago? - A. Yes.

Q. It has been well scowered since? - A. It is most days in use.

Q. You don't know what weight of silver there is in it? - A. No.

Q. You don't know that it would be worth 40s.? - A. No.

Prisoner's defence. I went from London upon business to Oxford; when I got into Uxbridge it was late; I had some beer and bespoke a bed; at half past ten I heard of a returned chaise for London; accordingly I made an enquiry for this postboy, which might be five minutes before eleven; I enquired for him in the Crown-yard, which is next door to Mr. Brown's; I asked him what I should give him to take me to London, and he said 1s. and a pint; I told him he should have it; I asked him to go with me to Mr. Brown's, and he would not, because he had got his horses to rub down, and I went and fetched the mug out to him to drink, and he told me if I would walk on he would overtake me in ten minutes; that he durst not take me up there because his master William was up; he rode outside, and a soldier on the bar; when I got to Ealing I moved the saddle, and there I saw the pot, and I called to him and asked him how he came not to return the pot; I charged him with the watch in Plumb-tree-street, St. Giles's, and he collared me; he threw the pint down, he would not pick it up, and when the watchman came he gave charge of me; I gave the pint pot to the post-boy between Mr. Brown's and the Crown-yard; if Mr. Brown gave him a caution about my taking the pot, why did not he stop me going through the turnpike? or why did not he take me with me the soldier? two of them were enough to take me.

Q. (To Ailadine.) Was there any soldier upon the bar? - A. No; I never saw any soldier.

Q. Then what he has said is false? - A. Yes.(The prisoner called two witnesses, who gave him an excellent character.)

GUILTY of stealing the mug, to the value of 39s. (Aged 39)

Confined two years in the House of Correction , and fined 1s.

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960622-14

399 HONOUR HICKEY was indicted for feloniously stealing, on the 16th of May , a pair of kerseymere breeches, value 5s. the property of Simon Simpson .

SIMON SIMPSON sworn.

I am a shopkeeper : On Wednesday the 16th of May I left a pair of breeches from my shop in the Broker's Change .

Q. What countryman are you? - A. A Polander; I did not see them taken.

HENRY MORDECAI sworn.

I am a shopkeeper at the 'Change: I saw the prisoner on the 16th of May, take a pair of breeches from the prosecutor's shop, and put them under her gown; she went about three or four yards, and I informed the prosecutor of it; he gave charge of her immediately, and the property was taken with the prisoner before a Magistrate.

JOHN NOWLAN sworn.

I took charge of the prisoner, and have had the breeches in my possession ever since,(produces them).

Prosecutor. These are my breeches, there is my mark of 5s. upon them in my own writing.

Prisoner's defence. This man, Mordecai, and I, lived together for three months past, off and on; he came to me on Whitsun Monday, and struck me in regard to another man, and he sent me to pawn the breeches for some money that he owed me; he sent me word, if I could give him half a guinea he would make it up.

Q. (To Mordecai.) Did this woman live with you? - A. I never saw the woman before in my life.

Q. You say that upon your oath? - A. Yes.

Q. You have no interest in this stall of Simpson's? - A. No; I have one facing of him.

GUILTY . (Aged 30.)

Confined twelve months in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960622-15

400. EDWARD MONTAGUE was indicted for feloniously stealing, on the 17th of May , one pig, value 40s. the property of Francis Newland .(The case was opened by Mr. Gardner.)

FRANCIS NEWLAND sworn.

On Whitsun Tuesday, the 17th of May last, a pig, which I found again on Thursday the 9th of June upon Mr. Ramsden's premises at Stepney; I know it to be the same sow that I lost.

Court. Q. Where did you lose it from? - A. From Union-street, Mile-end Old Town .

Q. What is the distance between the two places? - A. A mile and an half.

Cross-examined by Mr. Ally. Q. You cannot tell whether it went away, or whether any body stole it? - A. I cannot.

Q. You found it in Ramsden's yard, I suppose; he is a dealer in pigs, is he not? - A. Yes.

Q. What particular mark is there by which you know her again? - A. No particular mark except a few hairs of a different colour at the end of the tail; I bred her myself.

Q. What colour were those hairs? - A. A rusty colour.

Q. Many other pigs have rusty hairs at the end of the tail? - A. I cannot say.

Q. Have you not seen 10,000 pigs with rusty hairs at the end of their tails? - A. I never saw a pig like my own; I know her by her size and make.

Q. Have you never said that you could not swear to it; upon further consideration, but that you could only swear it was your's, because the tail was a little longer than other pigs? - A. No, I never said so.

Q. Then if any body should swear that, he would swear that which is false? - A. I cannot help what they swear.

JAMES MASSEY sworn.

I am a gardener.

Q. Do you know the sow of the prosecutor? - A. Yes; I saw it, but I can't swear positively that it was his property; but I begged the favour of one of the Police officers that had it, to let go the string, and if it was his it would go strait home, which she did to Newland's house, and through the house into the I and laid down.

Q. What day was this? - A. I cannot say; it was about three weeks after it was lost; I went with the prisoner to the person he said he bought it of; says he, may be he may say it is not the same hog that I had of him; he said he bought it of one Lewis, who kept a cook's-shop in Brick-lane; Lewis said he should know it directly, and when he looked at it he said, it was not the same, it was a very different made hog.

THOMAS LEWIS sworn.

I sold the prisoner a sow.

Q. You have seen the sow, which is the subject of this prosecution? - A. Yes; but that I am positive is not the sow that I sold to him.

Cross-examined by Mr. Ally. Q. You did sell him, in point of fact, a sow? - A. Yes.

JOSEPH STEBBING sworn.

Q. Do you know this pig? - A. No; I don't know any thing about it.

Prisoner's defence. About the 12th of May I met Mr. Stebbing in the street; I asked him if he knew any body that had got any pigs to sell; he told me Mr. Lewis had; I went to Mr. Lewis's, and he shewed me four store pigs; I did not much like them, and he said he had got a sow to sell, which I offered him two guineas and 2s. for; he would not take the money; I went away, and the next day I called for it, and went away with it to my father's house.

ABRAHAM BULL sworn.

Examined by Mr. Ally. I work in the India-House, I have known the prisoner these sixteen years; I was at the door, at the same time that the prisoner, and Lewis, and the boy, were coming out of Lewis's house with the pig.

Q. Are you positive it is the pig in question? - A. I went from there to his father's house in Eyre-street, and saw this pig in the stye, which I know to be the same sow he had from Lewis, and no other.

Q. Lewis was present at the time? - A. He was just behind the prisoner and the boy; as they were coming out, I asked the prisoner if he had been buying that sow, and he said, yes; I have seen the pig since at Mr. Ramsden's yard, and since that, I went to the prosecutor's house and saw it.

Q. Do you think that Mr. Lewis was near enough to have heard this conversation? - A. I do think he must have heard it.

Q. The pig, however, could not have come out of the possession of Lewis without his knowing it? - A. No, it could not.

Cross-examined by Mr. Gardner. Q. What way of life are you in? - A. I have been better than two years in the East-India House, in Crutched-Friars.

Q. Are you in the habit of observing pigs? - A. No; but she had a bit of white in her tail, and a nip in the thin parst of her left ear.

Q. How came you to take so much notice of this sow? - A. I have known Montague many years, ever since we were boys together; I happened to be coming past at the time they were coming out with the pig; I observed it as we went along Brick-lane at the time.

Q. What day was this? - A. The 18th of May, which was my birth-day.

WILLIAM BUSH sworn.

Examined by Mr. Ally. Q. What business are you? - A. A milk-man; I know the prisoner; I went with him to fetch a sow from Mr. Lewis's, about six o'clock in the afternoon, on Tuesday the 18th of May; I went with it to the prisoner's father's.

Q. Should you know that pig again if you had seen it? - A. Yes; I saw it again the next day, and I saw it the night, the prisoner took it away to Mr. Ramsden's barn, on the Sunday after.

Q. Are you sure, that the pig you saw at Ramsden's, was the same pig you brought away from Lewis's? - A. Yes.

Q. Was Lewis present when you brought the pig out of his yard? - A. Yes.

Q. Do you remember seeing the last witness there? - A. Yes, and the prisoner.

son have you to know that the time you saw this pig was the 18th of May? - A. My master told me it was the 18th of May.

Q. When did he tell you that? - A. The same day that he fetched it away.

Q. Have you had no conversation with any body lately, respecting this 18th of May? - A. I heard a gentleman up here, say it was the 18th of May.

Q. Who else? - A. Mr. Bull.

Mr. Ally. Q. Whether it was the 18th of May or not, do you recollect of your own knowledge, that was the same pig? - A. Yes.

Court. (To Bull) Q. What is Lewis? - A. He keeps a cook's-shop in Brick-lane.

Q. How long has he kept that shop? - A. I cannot say; I think I recollect having seen him there three or four years.

Q. Do you know any thing of his character? - A. I cannot pretend to say any thing about that.

WILLIAM EMERY sworn.

Examined by Mr. Ally. I know the prisoner, I saw the sow at Mr. Lewis's; I believe it to be the same sow, but I did not take any particular notice of it, so as to be positive; I have known the prisoner amount a twelve-months I never heard any thing against his character, I have known his father these two years.

Cross-examined by Mr. Gardner. Q. You never heard any imputation on his character? - A. Not lately.

Q. When was it that you did? - A. I heard something about some pigs a few years ago.

Q. Did you never hear a charge against him for stealing two pigs from any particular place? - A. No.

Q. Do you know such a place as Golden-hart Brew-house? - A. No, I do not know it.

Q. Was it something else that you heard of? - A. I cannot say what it was; I did not pay any attention to it.

Q. Upon your oath, how came you to say you never heard any thing against his character? - A. I did not recollect it.(The prisoner called four other witnesses who gave him a good character).

NOT GUILTY .

Reference Number: t17960622-16

401. ANTHONY CHANDLER , WILLIAM TOWNSEND , RICHARD MORRIS, otherwise PRICE , and JOHN BROWN, otherwise MALPAS , were indicted for feloniously stealing, on the 7th of May , 900lb. weight of dressed flax , value 20l. and 200lb. weight of tow, value 40s. the property of James Lee .(The case was opened by Mr. Knapp.)

WILLIAM CRAWFORD sworn.

I am warehouseman to Mr. Lee, who is a hemp and flax merchant , in Broad-street Buildings, he has a warehouse in Goswell-street ; about five minutes before four o'clock in the morning, one of our men called on me for the key, which I gave him; he came back and told me me warehouse had been robbed; I went with him to the warehouse immediately; I found that there was a great quantity of goods gone, the produce of about 1400 weight after it is dressed; I looked round to see if I could see which way it had been got away; I traced it across a field, over the paling I found some of it sticking upon the pales; after that, I looked round, to see which way they had taken it, across another field, but I could not find it; I went across, and at the corner of the field, I found the tracing of the flax again upon the pales.

Jury. Q. How far was the first paling from your warehouse? - A. About 50 yards, and the second paling is about 150 yards; I went back to get one of our men of the name of Robertson; I went with him to see if we could trace it, and we found the trace of a six inch wheeled cart, which went up to a brick-kiln, and we concluded that it must have been taken away in that cart; we traced the cart up the road towards Islington, about thirty or forty yards; we could not find any further track, then we lost it; we enquired at Islington turnpike, and found that several carts had come through, but none had gone through; as we could get no information, we turned back again; at the meeting of the two roads, at the corner of the City-road, we found the track of the cart again, and traced it down to the City road turnpike, and enquired if any cart had gone through; the man said, there was a cart with two horses went through about two o'clock, but did not know what it was loaded with; we came to Old-street end, and could not find any track; we then turned back again to the corner of Hoxton, by the Three Crowns, and there we found it again, it had turned up a back lane to the left hand.

Jury. Q. What hour was this? - A. Between four and five, near upon five; we traced the cart up the back lane, to a lane that goes up to the white lead mills, by the Rosemary-branch, and there was a six inch wheel waggon before us, and we were afraid of losing the track, and we ran on before the waggon, and caught the track again, and traced it into a dust yard, at the high end of Hoxton; we went up to the gate of the yard, but did not see any thing like a cart; we staid about a minute, and then we went down the road to Old-street gate, and enquired if any cart had gone through there, and they said, no; then we went back to call up Mr. Lee's clerk, and we went to the Police Office for Mr. Armstrong,

and we went up with him to this dust-yard, in Hoxton; he went into the yard, and saw the man that it belongs to, I believe his name is Norris; he asked the man if he had any carts out that night, he said, he had lent one the night before; but what time it went out, or what time it came in, he could not tell, it was to go out in the night; Armstrong asked him who he had lent it to, he said, to the landlord at the King's arms, Mr. Bedell; he asked Armstrong to go with him to the King's-arms, which we did, the girl said, her master was come home, but what time she did not know; he then called Bedell up, he came in his shirt sleeves, Armstrong told him he must put his coat on and go with us; when he put his coat on, it was all covered with flax , but we did not find any there; Armstrong desired us to take care of the landlord while he went up stairs, he brought Chandler down with his coat covered with flax , of the same sort we had lost; after Chandler was brought down, Armstrong and Bedell went into a corner, and what conversation they had, I cannot say.

Cross-examined by Mr. Jackson. Q. Do you know any thing of this Norris? - A. No; I did not know that I should if I was to see him.

Q. You found some flax hanging about some palings? - A. Yes; and some flax hanging about the bar of Bedell's house.

Q. So that yourself, or any body else, might brush it off upon their clothes by going past? - A. Yes.

Q. Norris said, he had lent his cart to the landlord? - A. Yes.

Court. Q. Was it tied in whisps, or what? - A. Yes; in whisps.

JAMES ROBERTSON sworn.

Examined by Mr. Knapp. I was employed by Mr. Lee; I went to the warehouse early in the morning, I found the window broke open; I went into the work-shop, and found the produce of 1400 of flax missing, 900 weight nett; I then went back to my fellow-servant, and we went together to the dust place.

Q. Were you with them at the time that Chandler was apprehended? - A. Yes.

Q. Do you know any thing more than the other witness? - A. No.

Cross-examined by Mr. Jackson. Q. You found Chandler in bed? - A. Yes.

Q. Flax is of that light substance that it would catch upon his, or any other lodger's clothes? - A. Yes; but it was in such a condition, that if I had been at work all day long it could not have been worse.

JOHN ARMSTRONG sworn.

I am an officer belonging to the Worship-street Office: In consequence of information, I went to a dust-yard, and from thence to Bedell's house, Bedell and his wife were then in bed, I sent the maid up stairs for him; I went up stairs, and told him to get up; when he put his blue coat on the flax all appeared about it; I brought Bedell down stairs; says I, you had a cart out last night; he denied it at first; I then left him in posession of Mr. James, clerk to Mr. Lee, and two men; I went up stairs, and told Chandler he must get up; says I, Anthony, you must get up, what do you do in bed at this time in the morning; when he got up, his coat was all over flax ; Bedell says, directly, that is one of the men; Chandler said, he knew nothing about it; I got them down to the Office, and locked Chandler up; says I, Mr. Bedell, I must have this flax now; I went back with Bedell, he took us round the fields, and in coming down Hoxton I met Brown; I had sent for Wray and Peach to assist me, Wray was with me when I met Brown; Bedell said, that is one; Wray, in my presence, laid hold of him; Brown said nothing; his coat was as clean as mine is now from flax ; then Wray and Peach, and Brown, went to the public-house; I then went with Bedell down to the dust-yard, and there I found the whole of the flax , in a place where, I believe, grains are kept in the summer; it was covered over with coal-sacks, and straw over that; I secured the flax , a part of it was taken out by Mr. Lee's man; and I have had it ever since.

Cross-examined by Mr. Jackson. Q. It was Norris that directed you to Bedell's? - A. Yes; he said he had lent his cart to Bedell.

Q. Did he mention the name of either of the other prisoner? - A. No.

Q. What is Norris? - A. A scavenger; a common carman.

Q. A man of good character? - A. I cannot say.

Q. What hour was it when you went to Bedell's house? - A. Near seven, I believe.

Q. Be so good as state what conversation you had with Bedell previous to his saying that is one of the men? - A. Bedell denied it at first; and after he was pressed hard, he said it; and then, I going up stairs, and seeing Chandler's coat in that condition.

Q. Bedell was in custody at that time? - A. Yes.

Q. When you took Brown, how was he employed? - A. He was walking along very near Bedell's house; but whether Brown had seen us with Bedell first, or not, he certainly passed Bedell's house; I cannot say whether he was going in or not.

Q. Do you know of any other charge against him? - A. No; I know there is some tin he was good enough to inform the Magistrate of afterwards; but he informed the Magistrate of that, and not me; there are some people in custody for it.

Q. Do you remember Bedell attempting to run away? - A. Yes; and I went after him; says he, the Magistrate said, I must have good bail, and I was afraid it would not do.

Q. This was about the tin story? - A. It was after the tin.

Q. You had, perhaps, the caution to hand-cuff him? - A. Yes.

Q. Then all that you did know of him was, his giving more information respecting other property that was stolen? - A. Yes.

JOHN WRAY sworn.

I am an officer belonging to Worship-street Office: I apprehended Brown; he was pointed out by Bedell to me; and I took him to the King's-Arms, Hoxton; and I apprehended Morris; he was pointed out to me by Mrs. Bedell, he was coming in at the gate, and as soon as he saw me he was going away again; I got him as far as the gate, and he began to struggle, but I secured him; there were some pieces of flax hanging about his clothes; I did not observe any thing about Brown.

Q. Did Morris say any thing at the time he was apprehended? - A. He said he did not know any thing at all about it.

Cross-examined by Mr. Jackson. Q. You were at Bedell's house? - A. Yes.

Q. You know him pretty well? - A. I cannot say I do; I never saw him before that I know of.

Q. You are not acquainted with the tin story? - A. Yes; I heard that there were some things that had been removed by Bedell, and I went with him to see where they were; and where he said, there they were.

Q. He is a very notorious receiver, is he not? - A. I do not know.

Mr. Knapp. Q. When he was before the Magistrate for other purposes, he gave information of other things? - A. Yes.

WILLIAM PEACH sworn.

I am one of the Police officers: I apprehended Townsend, on Saturday the 7th of May, just above the King's-Arms, in Hoxton; he came up to the house and looked in at the gateway; I saw him look in; I called to the landlady and asked her if that was one of the men; she said, yes; and I went and apprehended him; his outside jacket had the appearance of flax upon it; he came very quietly with me.

Cross-examined by Mr. Jackson. Q. These men are all coal-porters, or corn-porters, by trade, are they not? - A. I don't know.

Q. Do you know what Townsend is? - A. No.

JAMES BEDELL sworn.

Examined by by Mr. Knapp. Q. Do you know the prisoners at the bar? - A. Yes, all of them. I keep the Kings-Arms, at Hoxton: On Friday evening, the 6th of May, all the prisoners came to my house; I had met Townsend before that about six o'clock in the evening; Townsend said, he understood I had carts and horses to let; I told him I did business for Mr. Norris; very well, says he, if I should want a cart you can let me have one; I said, yes; I went home about eight o'clock and had some tea, there were a great many people in the house; he said he should want it pretty soon; all the prisoners were there at that time; he said, he wanted to move the things before he went to work in the morning, he did not say what things; they went away then all four of them together; about half past eleven I shut up my house, and went to bed; and, about one o'clock in the morning, somebody came and called me, and I got up and went down to the door, and Chandler was at the door; he said, the men wanted me to move the things for them; why, says I, it is very early in the morning; I harnessed the two horses, it was a six-inch wheel cart, a brick cart; he told me to go to the end of Goswell-street road.

Q. Did he tell you what you were to go for? - A. No; when I got there, Morris came up and laid hold of the fore-horse, and led him into the brick-field, and there I saw this quantity of tow; I said, in the name of God what have you got here; he said, never mind, turn your cart about, and take it up; they were all there then; when Chandler and I came with the cart, I found the other three there, and they were all present when it was put into the cart; I told them I would not take it up; Morris said, damn you, must take it up, there is no harm can come of it, and I did take it up; I took it home, and they all went with me.

Q. Which way did you go house? - A. Down the City-road, and up Mr. Scott's lane, that leads up to Mr. Scott's brick fields, by the Rosemarry-branch, and to the Lead Mills, I drove it into our own yard, Mr. Norris's; I took the horses out, and told them I should have no further to do with it, and put the horses in the stable, and they put it into a grain hole, and wished me a good morning; Chandler asked me if he could sleep at my house, I said, yes, he could.

Q. Did you see the flax put into this grain hole? - A. No; I saw them carry it that way; I was very badly frightened.

Jury. Q. Did they pay you any money for the hire of your cart? - A. No.

Mr. Knapp. Q. You have told us the truth about the matter? - A. I hope so, when I have taken my oath upon it.

Cross-examined by Mr. Jackson. Q. How often have you been here before? - A. Never in all my life.

Q. You were servant some time to Mr. Thomson the coal-merchant? - A. Yes.

Q. How came you to part with him? - A. On the 1st of August all the men struck for wages, and I did not go to work as the others did, and he would not let me go to work.

Q. Did he not scandalously charge you with a little misbehaviour? - A. Never.

Q. If he should be here, and say so, he would not swear truly? - A. No.

Q. And no one charged you with any misdemeanor in Mr. Thomson's service? - A. No.

Q. Upon your oath? - A. Yes.

Q. These men were all at your house the evening before? - A. Yes.

Q. Playing at skittles? - A. There is no skittle-ground; they were playing at four corners.

Q. You have never been before a Magistrate before? - A. No.

Q. Then the story about the tin is all untrue? - A. I moved the tin for Chandler and Salmon.

Q. Then you have been before a Magistrate before? - A. It is all one concern; they were all taken up.

Q. When did you fetch the tin away? - A. In May.

Q. How much did you let your cart for when you fetched the tin? - A. They were to satisfy me for my trouble.

Jury. Q. Did they ever do that? - A. No.

Mr. Jackson. Q. And when you were before the Magistrate, and the tin story came out, you thought it best to run away? - A. There was a man swore a very wrong thing against me, it was proved that he took a false oath.

Q. Which so alarmed you that you run away? - A. I did not know but that man would swear my life away.

Q. You were brought back and hand-cuffed? - A. Yes.

Q. During all this time, you have described you only worked for Mr. Norris; you had no suspicion of any thing going on wrong? - A. I had not.

Q. And when Armstrong asked you about the cart, you told him truly at once all about it? - A. Yes.

Q. Then Armstrong has swore falsely, if he has said you denied it? - A. Yes.

Q. Then you let out carts and horses? - A. I transact Mr. Norris's business for him.

Q. What is he? - A. He deals in butter and pigs.

Q. How many other things besides? - A. I don't know.

Q. Did it never happen to him to be taken up, within your knowledge? - A. Never.

Q. You had not the curiosity to ask what goods they were going to move? - A. No.

Q. It was all the same to you what kind of goods they had to move? - A. I did not ask them.

Q. But very innocently went and fetched the cart, without asking what they would give you for it, or what you were to fetch? - A. They said they would satisfy me for my trouble.

Q. Which of them happened to say they would satisfy you for your trouble? - A. Townsend.

Q. Chandler was pretty merry at your house the night before? - A. They had been there, and were merry, and a great many more.

Q. Was not he so drunk that he was obliged go to-bed? - A. No, he was not; he did not go to-bed till morning.

Q. You let lodgings? - A. Yes.

Q. You did not see the flax put into the grain hole? - A. No.

Q. And when you said, I will have nothing to do with it, you had no suspicion then, I suppose? - A. I did not know what to make of it; I did not think it was come honestly by, and I was very badly frightened.

Q. You did not know any thing about the tin being hid under the dung? - A. It was not hid under the dung, it was under a manger, where any body that came into the stable might see it.

Q. Did not you say before the Magistrate, that it was hid under the dung, in your information? - A. No.

Q. All you have been telling now is as true as that? - A. What I have said is true.

Q. Mr. Lee was so good as to intimate to you, that if you discovered other persons and cleared yourself, you would be safe? - A. I never saw Mr. Lee.

Q. Mr. James intimated that to you, I believe? - A. He told me, now young man, do you tell who had your cart; you cannot be hurt in it; and I said, I would tell him who had my cart, and I did.

Q. And that you understood as the only means of saving yourself? - A. I did not know the dangers of it, till such time as I saw it.

Mr. Knapp. Q. Before you were handcuffed you gave the account of the tin to the Magistrate? - A. Yes.

Q. This tin four people were concerned in? - A. No; Chandler and Salmon were the two people I had the tin from.

Q. You have been asked, whether you made any bargain? You made no particular bargain, but they told you they would satisfy you? - A. Yes.

Court. Q. What trade are these people? - A. They work at the water-side as coal-porters.

Q. Do you remember them all coming to your house the night before this robbery? - A. Yes.

Q. Do you remember your husband and Chandler sleeping in your house? - A. I don't know that Chandler slept there; my husband was called up early in the morning; that is all I know about it.

Cross-examined by Mr. Jackson. Q. I believe you know the gentlemen were so good as to say they would let your husband off if he would turn evidence? - A. I don't know any such thing. (The property was produced.)

Robertson. This bundle was wrought by one Leach, and this by one Knowles; it is their manner of tying them up; I have not the smallest doubt they are Mr. Lee's.

Mr. Jackson. Q. Different workmen work in the same way? - A. I examine all the work myself, and what is not done properly I return; and what is done properly I make up; there is but one other shop in town that lays down flax in this manner, of this sort of flax; this is only fit for sail-cloth and sacking.

Q. If that was among half a dozen other bundles you would not have been able to pick it out? - A. Yes, I should; I know it by the lay down; I am sure it is Mr. Lee's property.

Chandler's defence. I know nothing at all about the robbery; I slept at Bedell's that night; there were fises and drums and dancing, and I was pretty much in liquor, and slept there; that is all I know about it.

Townsend's defence. I know nothing at all of the robbery.

Morris's defence. I know nothing at all of the matter.

Brown's defence. That afternoon I went over to Bedell's, and sat there the afternoon drinking and smoaking till near eleven o'clock, in company with one Lawrence; I know nothing at all about it.

Tried by the second Middlesex Jury, before The Right Hon. the LORD CHIEF BARON.

Reference Number: t17960622-17

402. GEORGE TOWNSEND was indicted for stealing, on the 9th of June , a metal watch, value 30s. a steel chain, value 6d. two base metal seals, value 6d. and a steel key, value 1d. the property of Mark Potts .

It appearing in evidence that the prisoner and prosecutor were in company with each other, and both intoxicated, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury, before Mr. Justice BULLER.

Reference Number: t17960622-18

403. WILLIAM WOODS was indicted for feloniously stealing, on the 27th of May , a wicker basket, value 3d. a linen cloth, value 1d. and a peck and a half of green peas, value 5s. the property of John Kendall .

JOHN KENDALL sworn.

I live at Turnham-green , I am a market-gardener : On Friday the 27th of May, the men left work at seven o'clock; I loaded up my cart as usual to go to market next morning; the cart was under a part of my dwelling-house; I had asparagus in it, and other things, and among the rest four baskets of peas; I did not miss them till I came to Kensington, and the watchman had taken the prisoner at the bar with a basket of peas, and I looked into the cart and missed one out of the four; he said he had stopped the prisoner with a basket of peas, and had put him into the cage; he believed it was the mark of my basket; he took out the halfsieve, and I knew it to be my basket and my cloth.

(The watchman produces the basket and cloth.)

Prosecutor. This is my basket and cloth; the basket is worth 3d. and the peas 5s. I sold the other baskets at Covent-garden that day for 5s. each.

Christopher Stratford sworn. I am a watchman upon Kensington Terrace; a little before twelve o'clock I saw the prisoner with a basket of peas upon his head; I asked him what he had got there, he said peas; that he was going to market with them; I asked him; where he got them; he said, they were his own; I said, I know they are not your own; you are upon some of your old tricks, says I, I have given you a caution many times; I took him to the watch-house; I told him I knew the mark of the basket, and I was sure they were stole; he desired I would keep the peas, and let him go; he would come forward in the morning; and then he told me they were Mr. Kendall's; that he had taken them out of the yard; I told him he had taken them out of the cart; he said, no; it was twy-light, and I was not quite convinced that it was his, and I went and got a light; and then I was convinced it was his.

Prisoner's defence. I was coming home about a quarter after ten, and picked them up in the road. and I did not know what to do with them, and I turned back to carry them to Covent-garden, to see who they belonged to. GUILTY . (Aged 55.) Confined six months in the House of Correction , and fined 1s.

404. CHARLES WILSON was indicted for feloniously stealing, on the 12th of May , one half guinea , the property of William Rose .

MARY ROSE sworn.

I am the wife of William Rose ; the prisoner came into my shop and asked for change for a guinea; he made use of Mrs. Hodgson's name, and then I told him I would give him change for a guinea; I had never seen him before; he said, Mrs. Hodgson wanted to discharge a coach; I took half a guinea out of my purse, and he ran away with it; I was reading in the newspaper some time after, and saw a person had been deprived of half-a-guinea and was in custody, and I went to Marlborough-street, and saw him there.

Prisoner. Whether she did not go to a neighbour, and relate the circumstance of my borrowing half-a-guinea of her, and ask that neighbour's opinion of it.

Mrs. Rose. I went to the door to see if there was a coach at the door; after he was gone, I went in to ask Mrs. Hodgson, and she said, he had endeavoured to make use of the same trick with her, that he had made use of my name to her, but she had refused.

Prisoner's defence. I am allied to a family in the neighbourhood, and have been frequently in Mrs. Rose's shop; I had been out that day, the coachman could not change me a guinea; I did go into the other shop, and asked the same question; I asked her to lend me some silver, and she could not; I asked her to lend me half-a-guinea, which she did, I merely considered it as borrowing it of her.

GUILTY . (Aged 37.)

Transported for seven years .

(There was a second indictment against the prisoner for a like offence, but no evidence was called).

Tried by the second Middlesex Jury, before Mr. Justice BULLER.

Reference Number: t17960622-20

405. JAMES VANDERCOM , and JAMES ABBOTT , were indicted for breaking and entering the dwelling-house of Meriel Neville , and Ann Neville , spinster s, on the 19th of November , with intent, the goods of the said Meriel, and Ann Neville; burglariously to steal, take, and take away .

(The indictment was stated by Mr. Trebeck, and the case was opened by Mr. Raine.)

SUSANNAH GIBBS sworn.

I am cook and house-keeper to the Miss Nevilles, in Portugal-street, Grosvenor-square .

Q. What are their names? - A. Meriel, and Ann; the house belongs to them; they went out of town on the 17th of July, and I left town on the Monday following, the 20th.

Q. Before you went out of town, did you see that house secured? - A. I did it myself, I locked all the doors, and fastened the windows, every one with bars and bolts, as far as I possibly could; I was the last person in the house; I fastened the outer door; I locked it with two locks, a patent lock, and a common lock; I put all the keys on a string, and gave them to Mr. Slack.

Q. Did you leave every thing in its place? - A. Yes; every door was locked, and every box and drawer.

Q. How long after you had given the keys to Mr. Slack was it before you saw it again? - A. Not till the 21st of November; we came to town, on hearing that the house had been broke open, and found every thing turned upside down, every thing turned out of the drawers, and a great deal of property gone.

Q. Did you observe any particular part of the furniture in disorder? - A. Yes; every thing almost moved out of its place.

Q. Have you lost any property yourself? - A. A great deal.

HENRY SLACK sworn.

I am a hatter in South Audley-street.

Q. Are you acquainted with the Miss Nevilles? - A. Yes; Mrs. Gibbs left the keys with me last July; as she always did when the Miss Nevilles went out of town; I had the care of the house prior to the 19th of November; there having been a high wind, I was apprehensive some tiles might have blown off the house; I went to see that it was safe between two and three-o'clock in the afternoon; I took my youngest son William with me; when we came to the door, we found it only on the single lock.

Q. Did you observe any thing done to the other lock? - A. Yes; the door ought to have been fastened with a patent lock, and a common spring-lock, the patent lock was forced off; the box that the lock goes into was forced off; when we got the door open, we saw a bed, a pillow, blankets, and bolsters, I believe, all packed up and laid in the hall, but I did not examine it particulary; I was a great deal surprised at that, and looked into the parlours, the parlour doors were both open, every thing was in confusion, and every paper and drawer opened, and thrown about, that was in the back parlour; in the front parlour there was a harpsichord, which was broke, and a bottle that had been emptied, and six glasses; I should suppose they had been drinking wine out of them; there was a looking-glass taken out of the frame, and a vast deal of dirt in the room, the cheek of the door had been forced off.

Jury. Q. Did the glasses appear to have been recently used? - A. I cannot tell when they had been used, it certainly had not been long.

thing in confusion, the doors were all forced open; we went up stairs, and under the garret stairs there was a cedar chest, and knowing that Miss Neville used to leave her household linen in that chest, I looked into it, and they had emptied and done their business in it; the second floor was in confusion, every bureau and drawer open; and wherever there was a curiosity, or a little box, or any thing, it was thrown about under foot; the papers were in such confusion you cannot conceive, they were thrown about so; some of the beds were gone out of the two pair of stairs; we went into the garret, and found every box, and every thing in the same confusion; the boxes emptied, and all the distress that could be, every thing was ransacked and gone; we went below stairs then, into the house-keeper's room, and found that in the same situation, every door opened; and under the kitchen stairs, where I knew the iron chest was deposited, I looked there, and found that removed, but not taken away; it was set on one side, it was not opened; then we went down into the cellar, and the cellar door was open, but not a bottle left with any thing in it; we went into the front kitchen, somebody had been in there, but there was nothing that I knew of gone; we examined every place, and there was nobody left in the house.

Q. Did you go into every room in the house? - A. Yes, and examined every room carefully.

Q. How long were you in the house? - A. About half an hour, or three quarters of an hour.

Q. How did you leave it? - A. Double locked by the spring lock.

Q. Can you undertake positively to say, that nobody was in that house when you left it? - A. Yes; I can positively.

Q. Do you know the exact hour when you left this door double-locked? - A. After three o'clock, but I cannot say how much, I went home; I understood a friend from Brentford was there, and I staid there about a quarter of an hour, and from there I went to Justice Addingtion; I went to Clarges-street first, knowing that he used to live there, and expected to find him there then; upon not finding him there, I heard where he lived, in Vine-street; and as I passed St. James's church, I observed that the clock was exactly four; I went to Vine-street, and told him my business, and he advised me to watch; I went home to my own house, and told my family; I did not stay at home more than four or five minutes, only to say where I was going; I went to the next door, and staid about the door till after the post-bell had rung.

Court. Q. What time does the bell ring past your house? - A. It begins at five, and finishes about twenty minutes before six; the first bell was rung before I went home; I went from the next door back to my own house to see about a letter that my son was writing to Miss Neville, to acquaint her of the state of her house.

Q. When you say next door, do you mean next door to your own house? - A. No; next door to Miss Nevilles'; I went home and drank tea, I staid at home till near six o'clock. I then went into Portugal-street, and looked into Miss Nevilles' parlour window, where I saw a light; I went to collect a few neighbours together at the public-house, to come to my assistance; we collected several neighbours, twenty or thirty, but, I believe, there were about a dozen went in with me. I kneeled down, and looked through the key-hole, to see if I could see any body pass or repass in the passage, but I saw nobody; I asked the people about me if they were ready to go in with me, and they said they were; I opened the door myself, and found it only single locked, I had left it double-locked; we found two lights in the parlour, my son fetched one of them out, and immediately as he was coming out of the parlour, there was a cry above stairs

"shoot them, damn them, shoot them;" there was a great stamping above stairs, that you might suppose there were a dozen people there; after that cry, and this stamping, I said, "oh, damn you, I'll shoot you;" we directly proceeded up stairs as fast as we could, and my son, and another young man that was there at the same time, being rather more active than myself, ran up past me.

Q. Whether it was possible for any person, besides your own party, your son, and these other persons, to have gone up stairs before you? - A. I am very sure it was impossible for any person whatever to go by me, for I stood at the foot of the stairs; when I came to the first landing-place they got by me; and when I came to the second landing-place, I saw the two prisoners go from the back drawing-room to the front drawing-room; when they found us so close, my son, or another person, I cannot say which, had a light in his hand, it was knocked out, and they called out for another light; James Harvey was the first before my son, but I was directly behind him with a light, for I had a light in one hand, and a cutlass in the other; I went in with the light, and when they found they could not get the door closed, they looked for something to defend themselves with.

Court. Describe the closing of the door - A. It was a door between the two drawing-rooms, they open one into the other; after they were over-powered in that, they looked for something to defend themselves with; there was a flower-stand, which one of them took to the window, and jumped up for a window-bar, I think it was Vandercom, I am not sure, and my son cut him on the arm, and he dropped it; but it is so long ago, that I do not

recollect whether it was my son or Harvey; I picked up the bar, and they desended themselves with chairs and tables till they were overpowered, and then they were secured, and taken to the watch-house; we did not search them, they were taken from the watch-house to Marlborough-street.

Court. Q. Upon your return from Mr. Addington's to Miss Nevilles', you went to your own house? - A. Yes.

Q. When you returned to Miss Nevilles', what fort of light was it? - A. It was day-light then.

Q. When you returned the next time to the house, do you recollect what fort of light it was? - A. It was quite dark then; it was about six o'clock.

Q. Was any one else besides your party there, or thereabouts, during the whole of this time? - A. No; I believe, not a soul; I was there myself, from half past four till I went home about the letter to Miss Neville.

Q. From half past four till when? - A. Till after five; because the bell had rung.

Q. Was it light or dark then? - A. Dark.

Court. Q. When you left Miss Nevilles' house it was quite dark? - A. Yes, it was.

Cross-examined by Mr. Knowlys. Q. When you went into the house first, and examined into the state of the kitchen, there is a door that leads into a garden-ground, or something? - A. Yes.

Q. Can you take upon yourself to say that was fast at the time you left the house? - A. I certainly will not swear that it was - no, it was not fastened.

Court. Q. Nor shut? - A. Yes; it was shut, but not fastened with the wooden bar that it ought to have been fastened with; it was fastened with a latch.

Q. Can you pledge your memory to say it was not open? - A. I can.

Q. You left it some time after three o'clock? - A. Yes.

Q. From the time you went and saw your friend, went to Justice Addington's, and then returned to the house, it must have consumed more than an hour? - A. I can't say that; the only notice that I had of the time was, passing by St. James's church.

Q. From your observation of the street-door, how did it appear to have been opened? - A. I left it double-locked and found it single-locked.

Q. Did you observe the back-door? - A. No.

Q. The house was left without any watch for above an hour in the day-time? - A. Yes, I believe, it was.

Q. Did you observe, when you went the second time, any of the property brought down stairs? - A. I did not, except that the back drawing-room carpet had been cut up at the door.

Q. Did you observe any of the things out of the back-parlour removed in the front, or out of the front into the back parlour? - A. No.

Mr. Raine. Q. My Learned Friend has asked you if there was not a whole hour when this house was left unguarded; was it not, during the whole of that hour, broad day-light? - A. It was.

Court. Q. When you left the house, at five o'clock, had you made considerable observation upon it? - A. I had only watched that nobody went in while I was there.

Q. Was there any light to be seen there at that time? - A. No.

WILLIAM SLACK sworn.

On the 19th of November, I went to Miss Nevilles' at near three o'clock, I went with my father, to see if any damage was done to the house, occasioned by the high wind.

Q. Did you go into the house? - A. I did; and found that it had been broke open and robbed; I went into all the rooms of the house, the doors were all forced, the cheeks split of some of them, and the locks broke off; I observed a bed lying in the hall tied up in a blanket, and a looking-glass taken out of its frame, and laid upon the harpsichord in the front parlour; I went with my father all over the house, but before we went over the house, I went to fetch my brother; I left the house nearly upon four, between three and four.

Q. When you came out of the house, did you part company with your father? - A. Yes; he went to Justice Addington's; I went again with my father to Miss Nevilles', nearly upon six o'clock.

Q. Had you seen it at all between the time you parted company with your father, and nearly upon six o'clock? - A. I had not; I had been home.

Q. Who was with you when you returned to the house? - A. There was a person of the name of Birch there, and Bagley, and Lawless; my father was there before me, in Portugal-street; my father unlocked the door, and asked if we were all ready, and went in, I followed my father; I went into the parlour, and found two lights, I took one of them out, and went up stairs, my father stopped at the bottom of the stairs; I then heard a noise of stamping of feet, and crying out "damn them, shoot them, and fire upon them," and a few such words.

Q. Could any person have ran up stairs between the time of your going in for a candle and your going up stairs? - A. I do not think they could; I went up stairs and followed the voices, and as I turned round the second landing-place of the drawing-room, they drew a table before them which I threw on one side; there was a bit of a scuffle ensued as they turned in at the door, between me and Harvey, and the two prisoners; one of them knocked out the light, which I had in my hand, I

cannot pretend to say which of them it was, and then ran into the front drawing-room and endeavoured to shut the door, but shut Harvey's arm into it; they pushed against the door; we pushed against it as hard as we could; we bollowed out for another light; we pushed again; as soon as we got a light and got in, the first I saw was Abbot, and then I saw Vandercom coming from the window, the same two men that I had seen before; Vandercom came round Abbot, and took up a table and thrust it at me; I then cut at him with a cutlass, and we fought a bit; and at last I cut him over the hand, and he dropped the table; then, my Lord, he made at me with his fist; I cut him once or twice again, at last he staggered and I collared him; he did not fall, and I secured him; that is all I know of it.

Q. How is this house of Miss Nevilles situated, is it at the corner of the street? - A. No; it is almost the middle house; I believe it is No. 3, there are five or six houses in the street, on that side of the way.

Court. Q. Is it so situated that any body could go in at broad day-light, and could not be seen? - A. No; it is impossible, I think.

Cross-examined by Mr. Knapp. Q. You left this house between three and four? - A. Yes.

Q. You did not return again till near six? - A. No.

Q. You locked the door when you went out, between three and four? - A. No; my father locked it.

Q. It was day light of course when you left it, between three and four? - A. Yes.

Q. Do you remember the back-door that there is to this house? - A. Very well.

Q. Do you take upon yourself to say, whether that was fastened? - A. Yes; there was a bar across it, that I can swear to positively.

Q. Recollect yourself, are you sure there was a bar put across the back-door? - A. I am quite positive of it.

Q. Do you recollect the situation of the property when you returned again; did you observe any difference? - A. No.

Q. Do you remember particularly any alteration of the carpet? - A. No; I did not see it.

Q. Do you remember any of the property being removed to a different situation than that in which you left it? - A. No; I do not recollect any thing being altered at all.

Q. Have you never said any thing of that fort? - A. Some things I said had been moved, but not between my first being there and my going at six o'clock.

Q. Will you take upon yourself to swear that nothing was removed? - A. I can only say, I did not observe it.

MISS MERIEL NEVILLE sworn.

Examined by Mr. Raine. I live in Portugal-street.

Q. Do you occupy that house with any other person? - A. My sister, Ann Neville , and I jointly occupy the house.

Court. (To Mr. Henry Slack). Q. What difference did you observe in this carpet? - A. It was cut seemingly preparatory to its being taken up.(The prisoners delivered in a written defence, but by the advice of their Counsel it was not read, on the ground that it amounted to no more than a general allegation of their innocence, which they had declared in their plea of Not Guilty).

Vandercom, GUILTY . Death . (Aged 33.)

Abbott, GUILTY. Death. (Aged 32.)

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960622-21

406. EDWARD LLOYD was indicted for feloniously stealing, on the 5th of December , a promisory note for 12l. 10s. the property of Samuel Booth .(The prisoner and prosecutor were both prisoner s in the Fleet , and upon hearing the opening of the case by Mr. Knapp, the Court were of opinion it could not amount to a felony).

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960622-22

447. MARY SIMMONDS was indicted for that she, on the 26th of May , in the King's highway, in and upon Joseph Lupton , did make an assault, putting him in fear, and taking from his person nine guineas his property .

JOSEPH LUPTON sworn.

I belong to the Anglesea copper mines; I live at Mile-end: On the 27th of May in the morning, I had been at Castle-baynard wharf, which belongs to the Copper Mine Company; I called at Bennet's-hill, and spent the evening at a public-house, the Rose and Bowl; I was there two or three hours in company with two other persons; we had been drinking some porter; I left the house at twelve o'clock, or a little after; I came away alone.

Q. Were you drunk or sober? - A. I was neither the one nor the other, and have had a paralytic stroke, that I can hardly walk.

Q. Are you a married or a single man? - A. A married man; When I came into the Poultry , I stopped to make water, and two women came up to me, one put her hand in my pocket, and they threw me down; a child of four years old might throw me down; a footman, John O'Kelly , came up and laid hold of the prisoner, another person came up at the same time, and took charge of the girl, and O'Kelly helped me up, and she was taken

Q. When had you seen it before? - A. About half an hour, at the public-house; I paid one guinea away and had nine left, it was loose in my breeches pocket; I felt her hand in my pocket.

Q. Are you sure it was the prisoner's hand? - A. I cannot swear it was the prisoner, because I did not know her again.

Q. When you got up, did you see any woman near you? - A. Yes, the prisoner, that is the woman; I missed the money directly as I got up; I charged her with taking it; I cannot recollect now what she said.

Q. Was any of your money found? - A. Yes; in her private parts, I did not see it taken from her.

Q. Was there any of it marked? - A. No.

Q. Is there any one that you can swear to? - A. Not one; there were six guineas found upon her.

JOHN O'KELLY sworn.

I am a footman, I went to call a coach: On the 27th of May, about half past twelve o'clock, as I was going down the Poultry, I saw the prisoner with her hand in the prosecutor's pocket; I did not say any thing to her; I went about six yards further, and called a coach, and turning back I saw Mr. Lupton down, and the prisoner running away.

Q. When her hand was in his pocket, he was not down? - A. No, he was not; as soon as the ran, I said, d-mn your eyes for a bitch, you have been robbing that poor person, and I pursued her, and took her, and called out for assistance, and she was taken to the watch-house.

Q. You are sure that is the woman? - A. Yes.

THOMAS HILL sworn.

I keep the Fountain in Addle-street, Aldermanbury; There are a number of ladies in Court, and if I give my evidence in the way I mean to do, I think it will be indelicate for the ladies to stay to hear it. (The ladies were ordered to withdraw). - On the 27th of last month, about a quarter after one in the morning, I was coming by the Mansion-house, I saw the prosecutor lying, at the distance of about eight or nine yards, on the payement, near Mr. Hale's door, in the Pouhry, and a gentleman's footman expostulating with the prisoner about robbing the man that lay on the payement; she was sitting then on the threshold of Mr. Hale's door; I told him to take the man up, and I would take care of her; she seemed to be cramming something into her private parts, as I supposed, I took hold of her hands, and said, I am sure you have robbed the man and are concealing the property; Mr. Hale', and another man, said, they would take her to the watch-house; I desired them to keep her hands separate; when we came to the watch-house, and she was going to be stripped, I begged her not to expose herself, for the property would be found; she said, she had not got the property; just before her under-petticoat was going to be pulled off, she said, she wanted to speak to me; she said, she had given three guineas to Bet Goodwin; I told her, there were nine, there were six to come; she said, she had not got it; Mr. Hale desired me to search, I accordingly felt the guineas in her private parts; I did not take them out, my fingers were too short; here is a man that did take them out, I saw them taken out, all six; and they were put in a paper, sealed up.

FRANCIS ARNOLD sworn.

I took the six guineas from the prisoner, (producing them sealed up; Mr. Hale, the Common-councilman, produced the seal the paper was sealed with.)

SAMUEL HALE sworn.

I was in the watch-house when the prisoner was there; I saw the property taken from her; I saw the prosecutor at my own door; he was intoxicated, but not drunk.

Q. Was he so intoxicated that he might fall down? - A. I should suppose not; he walked very steady to the watch-house.

ANOTHER WITNESS sworn.

I saw the money taken from her.

Q. Was the prosecutor drunk or sober? - A. I don't think he was very drunk; he was a little merry.

Q. Do you think he knew what he was about? - A. I do; he said he had lost nine guineas.

Prisoner's defence. I lived seven years with a man who has entered on board of ship; he gave me six guineas, I had it in a purse in my hand; when the constable came up I was putting it in my pocket, because I was afraid he would take it from me; it was given me to buy me a few things, because I was in distress; it was not found in any such place; because I am a poor woman, they want to swear my life away.

The prosecutors (naming them), are a set of warehouse-keepers, under the stile of bull-porters ; the prisoner was employed by them as a weekly servant , above three years; I only speak to the property.

I live with Mr. Cockerell, a stationer; returning from my work on Thursday, between eight and nine o'clock, passing the end of Sugar-loaf-court, the prisoner came out of the court with a bundle under his arm, and an old woman came to the bottom of the court, and said, come back, young man, you have robbed these warehouses; the man very candidly came back, and said, it was nothing but paper, the sweepings of the warehouse, his perquisite; and he went directly up the court with the woman; she being alone, I went up the court to protect her; when she came to her own door, her husband pulled her in, and said, have nothing to do with it, it is a troublesome business; the prisoner then ran out of the court, and almost knocked me down as he ran by me, she called stop thief, and some persons pursued him; I lost fight of him and did not see him till the mob brought him back; we then examined the handkerchief and found it was isinglass; it was delivered with the prisoner to Green, the constable.

ELIZABETH ALLEN sworn.

On the 19th of May, between seven and eight o'clock, I heard a rustling of something like paper, under a broken wall of a warehouse, in the court, and immediately the prisoner came by with a handkerchief in his hand; I followed him down the court, and he crossed the way, in Mark-lane; I called, young man, come back, and let us see what you have got; he came quietly back up the court; my husband pulled me by the gown, and said, have nothing to do with it, it is a troublesome affair.

Q. Is the prisoner the man? - A. Yes.

WILLIAM GREEN sworn.

I am a constable; I produce twelve pounds of isinglass, which was delivered to me by Phillips; I have had it in my possession ever since; I have a sample (producing it), which I took out of a cask in the warehouse, which had been plundered; I went the next morning with Mr. Pearson to examine his warehouse, it is in Seething-lane, one part of it comes into Sugar-loaf-court, in Mark-lane; there was a cask, out of which a great quantity had been taken, and there was a hole made through the wall, into Sugar-loaf-court ; I think it must have been taken out of the cask, and planted at that hole to be taken out; I look upon it, that double this quantity had been taken out of the cask; I am not a judge of isinglass, it appears to me to be of the same quality with the sample I took out of the cask.

Cross-examined by Mr. Knapp. Q. You won't swear that this hole is large enough for a man to get in? - A. No.

Q. Nor could a man with a stick reach the isinglass? - A. No; he could not reach the cask.

Court. (To Allen). Q. When you heard a noise at the end of the court, did you see the prisoner near the warehouse at all? - A. No, I did not.

Q. Did he come in a direction from the warehouse? - A. I cannot answer that.

Pearson. This isinglass is the same as the sample; I can swear it is our property; I know it by the string it is tied with; you may go to many casks of isinglass, and not find two tied with the same sort of string; the prisoner acknowledge before the Magistrate, that he and another man broke the hole in the warehouse.

Q. Was that taken down in writing? - A. Yes.

Cross-examined by Mr. Knapp. Q. You told my Lord, that this isinglass had a particular string about it? - A. Yes.

Q. There may be other persons in this metropolis, who have isinglass tied with the same kind of string? - A. It is very rare.

Q. You only swear to it by the string? - A. By the string and the quality.

Prisoner's defence. I stood at the top of the court making water, and saw a bundle lie in the court, and seeing nobody near the bundle, I took it up; Mrs. Allen called me back, and I followed her; her husband pulled her in; then I thought it was not her property, and went away with it; when they cried stop-thief, I thought I would have no more trouble with it and dropped it.(The prisoner called two witnesses, who gave him a good character). NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960622-24

409. JOHN SHARPE was indicted for being found at large before the expiration of the term of seven years, for which he was ordered and adjudged to be transported .

JOHN OWEN sworn.(Produces a certificate of the conviction of the prisoner, and the order for his transportation). It is in the hand-writing of Mr. Shelton; I saw him sign it. It was read).

Q. Were you present at the time the prisoner was tried on that indictment? - A. I was.

Q. It is the same person is it? - A. It is the same person, I delivered him on board the hulks at Woolwich, the May following his conviction; when he was in custody, I was sent for to Worship-street, to identify his person, he was then in custody of the officers.

RICHARD FERRIS sworn.

I am one of the officers belonging to the Public-Office, in Worship-street: On the 14th of May , going from the Sessions-House, in company with Armstrong, I met the prisoner in Smithfield , between the hospital and Bartholomew-Close, he had a bundle in his hand, we examined it, it was the

reins and harness of a horse, and some men's frocks; we knew him, and took him into custody.(The prisoner did not say any thing in his defence.)

GUILTY . Death . (Aged 58.)

Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-25

410. THOMAS DIGNAM was indicted for feloniously stealing, on the 11th of May , in the dwelling-house of Thomas Gregory , a Bank-note, while 20l. another Bank-note, value 15l. eleven pieces of coin, called guineas; one half guinea, and 31s. 6d. in monies numbered, the property of the said Thomas .

ISABELLA GREGORY sworn.

I am the wife of Thomas Gregory , and live in Little Wild-street, Lincoln's-inn-fields ; The prisoner came on the 11th of April about eleven o'clock in the morning to take a lodging for himself and wife; he was to have had the lodging if we liked his character; we had no opportunity of going after it; I believe he looked upon the room as engaged; he returned again about half after two; he had a pint of beer in the tap-room, and then went up stairs; and instead of going into his room he went into my bed-room; I had a 20l. Bank-note, and a 15l. note, eleven guineas and a half, and 30s. 6d. in silver, in a paper box in a large trunk; I heard the noise of a foot in my bed-room, and went up stairs and found the prisoner there; he was taken in the adjoining room by the constable; he had nothing upon him when he was searched; the paper box with the notes and money was removed out of the black trunk, and laid upon the top of it; I had left it locked, and left the bunch of keys upon the table, and it was opened by the key belonging to it; the cash and notes are paid away, the box I have at home; when I got up stairs I examined the box, and found everything in it, just as I had left it; when I went up the keys were hanging to the trunk, and he had the paper box, containing the property, in his hand.

JOHN HUMPAGE sworn.

I am a constable: I was sent for to take the prisoner into custody; I did not see any thing of the box.

THOMAS GREGORY sworn.

I assisted in taking the prisoner, when my wife gave the alarm.

Prisoner's defence. I came to take a lodging that evening; I got a drop of liquor, and went up stairs; I thought I had got into my room, and when I found it was not my room I turned out again.

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. Justice BULLER.

Reference Number: t17960622-26

411. JOHN ROBERTS was indicted for feloniously stealing, on the 7th of June , a silver watch, value, 40s. the property of Thomas Ransom , privily from his person .

THOMAS RAMSOM sworn.

I was very much in liquor, I cannot recollect any of the circumstances; I can only swear to the watch.

WILLIAM PAGE sworn.

On the 7th of this month I was on duty, and patroling in Swallow-street; I came out at twelve o'clock; I belong to the Royal Exchange Fire-office; when I went to the upper part of Tottenham-court-road I crossed the way, and came back the right hand side of the way; just by Francis-street I met two men, I went between them, having my pole-axe upon my shoulder; they looked very stern at me; I saw a public-house window shutters down and the bar bent; I looked in, as it was my duty to do, to see if there was any fire; it was about one o'clock, there was a pane of glass out, and the curtain blowed through; I thought the house had been broke open; I then went for two watchmen, and told them a house was broke open, and they came with me and another, which made three; they went and alarmed the house, and the people examined all about and found nothing gone; I left the house and was coming down upon my duty again towards St. Giles's; I saw two men, which I thought were the same two men I had seen before with great coats on; I went between them with my pole-axe upon my shoulder; I thought they might give me a lick, and I thought I would be ready for them; I stopped at a watering-house facing a timber-yard, and saw one of them go towards a watchman's box; the watchman was at a little distance; he was there upon his knees groping about, I thought his intention was to get over this watchman's box and get over to a soap-manufactory that was behind; then I saw him come back to his comrade, and he did the same, and then they went off; I went to the watchman, as he was coming to his box, and said, what are those eternal villains about at your box; he said, it was only a man drunk there, and he put down his lanthorn and looked at him, and said, the gentleman had lost his watch and money; he asked me my name, and what office I belonged to; he seemed apprehensive he should get into some trouble about it, if he did not know where to find me; I told him my name, and went away; the gentleman that was drunk in the box was Mr. Ransom; I then went towards St. Giles's, and met another watchman, and was telling him of it and another watchman, and we saw two men coming; and he asked me if I thought those were the same men; I said I could not tell, and the hindermost ran away; the prisoner

crossed the pavement and went into the middle of the road, and the watchman stepped off the pavement and seized him by the collar, and put his hand to his pocket and swore he had got the man's watch; and then he was taken to the watch-house; I did not see him searched; I left him in charge of the watchman, George Turner.

GEORGE TURNER sworn.

I am a watchman in St. Pancras; the last witness told me there were two men, and that a gentleman had lost his watch, and likewise a house broke open; we had not been talking above two or three minutes when I saw two men coming; I said, very likely they might be them; upon that one of them turned back, I suppose he saw us, the other came down by us; I asked the fireman, if that was one of them; he said he could not tell; then I said to him, let it be right or wrong I will search him, and I stopped him in the middle of the street; I put my hand to his breeches pocket, and found that he had got a watch in his pocket; I turned myself round and said, here is the man's watch, and immediately sprung my rattle, thinking the watchman would pursue the other man; my partner came over to my assistance, and then we took him to the watch-house; I searched him, and took the watch out of his pocket, and I delivered it up to the watch-house-keeper.

CHARLES CHINNEY sworn.

I am watch-house-keeper at the bottom of Tottenham-court-road; the prisoner was brought to our watch-house on the 7th of June, about two o'clock in the morning, Turner had hold of him by the pocket, and the watch in it; (produces the watch).

Ransom. This is my watch, the maker's name is Williams, and I know it by the seal and chain; I remember having it that night in Tottenham-court-road; I am sure I had it in my pocket at one o'clock.

Prisoner's defence. I was in Tottenham-court-road; I had been at the Adam-and-Eve, and coming towards home, I saw a man pass before me, and another behind me; I picked the watch up, and before I had got twenty yards, the watchman took me.

Turner. Here is another witness here that assisted me in taking him.

BARTHOLOMEW WEST sworn.

My partner took the prisoner, and I came to his assistance; and immediately upon my coming up to him, he threw a pistol away from him, I picked it up, and found it was charged. (Produces it).

GUILTY, (Aged 21.)

Of stealing, but not privately from the person .

Transported for seven years .

Tried by the second Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960622-27

112. CATHERINE EVANS was indicted for feloniously stealing, on the 10th of June , a linen sheet, value 5s. the property of John Waters .

JOHN WATERS sworn.

I lost a sheet, about ten days ago, out of my kitchen; I know nothing of the robbery.

ALICE WATERS sworn.

I was informed by Mary Holmes that I had been robbed; I followed the prisoner, and took the sheet from her; it was last Friday week, I believe, the the 10th day of this month, it lay upon the dresser about five minutes before I overtook her, in Onslow-street, it was wrapped up in her gown; I asked her what she had been doing in my room; and she said, she had not been there; I shewed her the marks upon the sheet, and told her it was mine, and I sent for my husband, and took her to the Justice,(produces it); it is almost a new sheet, it is marked with my husband's name, I know it to be mine; it has not been washed above three times; it is worth five or six shillings.

MARY HOLMES sworn.

I was sitting at my room window, opposite Mrs. Waters's; I saw the prisoner go in and take something off the chair; I went over and told Mrs. Waters of it, and she went after her.

Prisoner's defence. A country woman of mine met me in the street, I am a stranger in town, and she told me she lived in that house; and she told me to go and take the sheet off the table, and bring it to her, which I did; and that gentlewoman came after me and said it was her's.

GUILTY . (Aged 31.)

Confined six months in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-28

413. WILLIAM WATERS and JAMES WILCOX were indicted, the first, for feloniously stealing, on the 12th of June , twelve trusses of hay, value 36s. the property of Thomas Paget and Joseph Stevenson ; and James Wilcox for receiving the same knowing it to be stolen .

JOSEPH STEVENSON sworn.

I am in partnership with Mr. Thomas Paget , in Wardour-street, Soho, we are distillers : On Sunday, the 12th of June, John Crane called upon me, and gave me some information; in consequence of which, I desired him to buy some hay of the prisoner, which he did; I saw the hay afterwards, but I cannot swear to the hay, I know that I lost a great deal of hay; I had told my carman, several times, that the hay went very fast; and he said, he could not possibly use less; and when we came to examine the books, I saw that he could not possibly use less;

it was taken from a rick of mine, in a field at Kentish-Town which belongs to Mr. Paget and myself.

JOHN CRANE sworn.

I keep coaches at Kentish-Town: James Wilcox came to my house, on Saturday the 11th, at four in the afternoon, for change for two guineas, which I gave him; and he called me out into the the garden, and told me he had seven trusses of hay to dispose of on Monday; I asked him if it was good, for it must be if I had it; he did not say any thing about the price, nor I neither; I told him to send it on the Monday about ten o'clock, and I should be ready to take it in; I saw Wilcox again on the Sunday, and he told me he should send it in; but instead of seven trusses there were twelve; he told me he had bought them at two shillings a truss, and I should have them for half-a-crown; I told him I would have it; on the Monday morning, about five o'clock, when I got up, there was the hay upon my premisses.

Jury. Q. Had you known him before? - A. Yes, four or five years; I did not see him again till he was taken up; I took a lump of it and patterned it with Mr. Stevenson's rick; there is not such hay within six miles of London, any where, it is so very fine, and full of clover, very nice brown hay; I could not find such a load of hay, I believe, for six pounds, if I was to go to market.

Jury. Q. Did you ever buy any hay before of Wilcox? - A. Yes; if I wanted a truss or two, he had the privilege of the stables where he lived, at the Bull-and-gate Inn, at Kentish-Town, to buy and sell hay as he liked.

Court. Q. How was he to get hay of his own? - A. I cannot say.

Jury. Q. You knew perfectly well he was not the master of that inn? - A. He had the privilege of doing as he liked in the stables.

Court. Q. What do you mean by the privilege of the stables; did you suppose this man had a right to sell hay as he pleased out of those stables? - A. I did not know.

Mr. Stevenson. This man was ostler at the Bull-and-gate, and his master became a bankrupt; a man has been in possession for some time; and, I believe, the Messenger under the Commission, had given him the privilege of these stables; and I am rather apprehensive, in consequence of that privilege, he has made a very improper use of it.

Jury. (To Crane.) Q. How often may you have gone to him for hay? - A. Never, except I was short of hay, and wanted a truss or two; he sold to a great many people in the town.

ROBERT TAYLOR sworn.

I was going home on Sunday morning, about two o'clock, and met a man with a truss of hay, he is not here present, he was coming up to town from the place where this rick of hay stood; I went on a little further, and met another man with another truss, that was the prisoner, Waters, I did not say any thing to him, I am sure he is the man; I watched them both into the Bull-and-gate, I thought it a very strange time to carry hay in, and I went over the hedge to see if there were any trusses gone, and I got under the hedge, and saw two men come and fetch three more trusses away, and throw them over the corner of the field, and I went home; I did not see where they took them to, but they went the same way; the next morning, I asked my master whose rick it was; and he told me it belonged to one Mr. Stevenson; my master, Mr. Crane, went and told Mr. Stevenson of it.

EDWARD STYLES sworn.

I am carman to Messrs. Stevenson and Paget: On Monday the 13th of March, my master ordered me to go and look at the rick, since I went for two load of hay from there; there were three cuts down off the rick, between last Thursday was a week, and the 13th.

Q. Can you say the hay taken from the rick was like that you saw at Mr. Crane's? - A. Yes; it was exactly like it; it was a little brown, and very fine short hay.

Waters's defence. I never saw this hay, I was in bed at the time.

Waters, GUILTY . (Aged 35.)

Confined six months in the House of Correction , and fined 1s.

Wilcox, GUILTY . (Aged 36.)

Transported for fourteen years .

Tried by the second Middlesex Jury, before Mr. Justice BULLER.

Reference Number: t17960622-29

414. ANN BAKER was indicted for feloniously stealing, on the 29th of May , a silver watch, value 3l. a steel chain, value 4d. a steel seal, value 1d. and a brass key, value 1d. the property of James Arthur , in the dwelling-house of Elizabeth Dobson .

JAMES ARTHUR sworn.

I am a smith ; I lost a silver watch, and twenty-seven shillings; there was a steel seal, with Tallyho upon it; I had it in my pocket when I went to bed with this woman in Mutton-hill , my money was in my breeches-pocket; I went to drink with my shop-mates at the Horse-and-Groom in St. John's-street, about half past six o'clock; I stopped there till half an hour after eleven.

Q. Drinking all that time? - A. Yes.

Q. And perfectly sober? - A. Yes; and perfectly sober; I went to my lodgings, and they were gone to bed; then I went down the street to see if I could find a public-house to sleep, and who should I meet but this person, and she persuaded me to go home with her to her lodgings; I took particular notice

of my watch when I went up to bed with her; she opened the padlock to go in and she struck a light, and asked me to strip and go to bed; I took particular notice of my money and my watch.

Q. Had you any particular reason for taking particular notice? - A. Yes; I thought I might get into bad company, and I wished to know; when I went to bed with her I gave her two shillings; I had twenty-seven shillings in silver all but half-a-guinea, which was in gold; I wound up my watch at eight o'clock while I was in the public-house; I pulled off my breeches and put them under the pillow, I am sure the watch and money was in them at that time; I slept with her some part of the night; I missed her between four and five in the morning, I awoke at that time, and got up, and went for a constable, I was not away above ten minutes; and when I came back, I found the same padlock upon the door that there was when I first went with her; the constable tried to find her all day of the Sunday, it was on the Saturday night that I went with her; we could not find her, and then I employed some officers; and Mr. Longden found her on Monday morning, and she was committed to Newgate.

Q. You were at the Magistrate's? - A. Yes; I saw her there, and from there she was committed to Newgate, that is three weeks ago last Monday; I have not seen my watch nor money since.

GEORGE LONGDEN sworn.

I am an officer belonging to Hatton-Garden: I was sent for by the prosecutor to apprehend the prisoner; I enquired for her all over the neighbourhood, and I think it was Wednesday, or Thursday, before I found her at an old iron shop, the corner of Mutton-hill; I took her into custody, but found nothing upon her; when I knocked at the door they denied that she was there, but I insisted upon going in, and found her lying upon a bed.

JOSEPH PENRYN sworn.

I am an officer; I went with Longden to apprehend the prisoner, and took her into custody; I believe it was on Wednesday, and brought her to the office.

Prisoner's defence. I never saw that man in my life before he took me up; that very night I was up nursing a woman.

I am a foreigner; I went out in company on the 26th of May, and liquor overtook me; I got astray, and some strange body picked me up, I cannot tell who it was, I was so much in liquor; my company left me, we were somewhere in the outskirts of the town, playing at skittles, and we all got a little groggy; the next morning I found myself in a strange room by myself.

Q. How do you know you were picked up? - A. I was in a strange place where I never was before, and I could not come there by myself; I laid down in a sort of a bed, the door was open, and the key sticking into it; when I awoke it was about six o'clock in the morning, when I searched, I found my breeches were gone with all that was in them, there was a purse in them with sixty-three guineas; misfortune had been preparing me for bad luck, it was my own money, I brought it from abroad, and I lost a silver watch with a gold chain, and a silver seal, three dollars of the Zealand coin, and a Portuguese piece, and some shillings, I cannot tell how many.

Q. And you got dead drunk with all the property in your pocket? - A. Yes.

Q. When had you last observed this property in your pocket? - A. When I was at play in the afternoon; I made an enquiry who rented that room where I found myself in, and they all agreed it was a young woman, not very tall, a Scotch woman; I went and informed the constable of the parish of it, and he went and gave some notice of it; I don't know any thing of the prisoner at all.

Jury. Q. We wish to ask him, if, when he left his friends, he was sober enough to know that he had his money then? - A. Yes, I am sure I had it then; but coming in the air, I was very hot, and the liquor overtook me.

Q. Did you pay any thing when you came away? A. No, I did not.

SUSANNAH MORGAN sworn.

The prisoner at the bar gave me a parcel to keep while she went to the office in Hatton-Garden; I never saw her before, till I saw her at our house, the Rose, in Hatton-Wall, she gave it me in our back kitchen.

about five o'clock in the evening, I cannot tell what day of the month it was, it was on a Friday.

Q. Do you know what was in it? - A. No, I never opened it; I put it into a cupboard; she came back again about eight o'clock, and I gave it to her again.

Q. Did you acquaint any body that she had given you this parcel? - A. No; I did not say any thing to any body.

Q. What was the cupboard you put it into usually made use of for? - A. For plates and dishes.

Q. Did not you think it strange, that a person you never saw before should give you a parcel to take care of for her? - A. I did not know what it was.

WILLIAM BROWN sworn.

I am an officer belonging to Hatton-Garden: On the 27th of May, the prisoner at the bar came to the office, and said, she was robbed; she was very much in liquor; she said, a coachman had robbed her of fifteen guineas; the coachman was examined before the Magistrate, and was committed to be brought up the next morning; I went with her to tell her landlady to keep her sober till next morning, it was in East-Smithfield, in a court full of lodgers; I don't know whose house it is, I went only to take her home, as she was so much in liquor; I had no suspicion of her having robbed any body, she told me, first of all, she lived in Hermitage-street; going along in the coach, she asked me where I was going with her, I told her, I was going to see her home; she told me she had robbed a foreigner, she was very drunk at that time, and she told me she would give me a watch and two guineas to go back with her to the Rose, in Hatton-Wall; I said, I thought you told me you had no money; she said, she had got some at that house; when we came back to the Rose, in a coach, she went backwards; I saw the girl, the last witness, hand a parcel across to her, so I sprang in, and said, I insisted upon having that parcel, I brought it out into the tap-room, it was rolled up in a dirty handkerchief, and I told out forty guineas, two half guineas, and a watch, and I think 18s. in silver, three dollars, and a Portuguese piece; I asked the Magistrate to put the office seal upon it, which was done, and it has been there ever since, (produces it).

Prosecutor. This is my watch, I know it by the seal and the string, it is an English made watch, and a Dutch paper in it, where it was cleaned, in Amsterdam; the gold was in a purse; these dollars are the same sort that I lost; these are my purses, one of them was broke, and I know it by the colour.

GEORGE LONGDEN sworn.

I was sent for by the prisoner to take a coachman in custody, who had robbed her of fifteen guineas; I went to the Rose, in Hatton-Wall, and there the coachman was, and upon searching him, I found eleven guineas and sixpence, and three-pence in halfpence, (produces them); I took him down to our office, and I was bound over to prosecute the coachman.

Prisoner. The coachman confessed he took the money from me, and offered the constable five guineas to let him go.

Witness. There was something similar to that; the coachman said, he would give me five guineas to let him escape.(The prisoner, in her defence, said, it was given to her by a country woman of her's).

Brown. My Lord, she told me, when I was taking her down to Bridewell, that if she could find out this man, she would give him the money again, for it would do her no good.

Q. Did she say she had it from another person? - A. No; she said it was a foreigner's money.

GUILTY, of stealing the goods, but not in the dwelling-house , (Aged 25.)

Transported for seven years .

Tried by the second Middlesex Jury, before

The LORD CHIEF BARON.

Reference Number: t17960622-31

416. WILLIAM HASTED was indicted for feloniously stealing, on the 27th of May , 15 guineas, the property of Agnes Davison , in the dwelling-house of Elizabeth Blake , widow .

GEORGE LONGDEN sworn.

I am an officer, the prisoner is a hackney-coachman : On the 27th of May I was sent for to take the prisoner into custody, which I did; the girl, who was the prisoner in the last trial, gave me charge of the prisoner for taking 15 guineas from her.

Q. Did she say they were her own? - A. She did not say whether they were or not, but that he had taken the money from her; accordingly I took him to a little back room to search him, and he put his hand into his breeches pocket and pulled out eleven guineas, and sixpence in silver, and two-pence in halfpence; I took them both before the Magistrate, when she swore that the coachman had robbed her of 15 guineas; the prisoner was present at the time.

Cross-examined by Mr. Knapp. Q. When the girl made the charge against this hackney coachman, she was drunk? - A. Yes; and he both.

Q. And when you went into the room, he, instead of avoiding the search, pulled out the money from his pocket? - Yes.

Q. She did not attempt to say the money was her's, she could not swear to the money? - A. No, she did not.

Q. You found no Portugal pieces or dollars upon him? - A. No, nor watch.

JOSEPH INWARDS sworn.

I am an officer belonging to the same office: On the 27th of May, I was sent for to assist Longden; he was there before I went.

Q. Do you know any more of it than he did? - A. No.

WILLIAM BROWN sworn.

When she was before the Magistrate, she swore positively that the coachman robbed her.

Mr. Knapp. Q. What she swore was taken down in writing? - A. I believe it was taken down by Alderman Clarke; she positively told me it was this foreigner's money that he took from her.

Court. Q. Was her examination taken down in writing or not? - A. This was not before the Magistrate that I am talking about, but it was not in the presence of the prisoner.

Mr. Knapp. (To Longden.) Q. Did the prisoner give any account how he came by this money? - A. I did not hear it.

Q. Did you hear from any body that he gave an account that it was his master's money? - A. Yes; from the man's wife; she was examined before the Magistrate.

Q. Was the prisoner present? - A. Yes.

Court. Q. Was the examination of the wife taken in writing? - A. Yes.(The prisoner left his defence to his Counsel, and called seven witnesses, who gave him a good character.)

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960622-32

417. ROBERT TOMLINSON was indicted for feloniously stealing, on the 31st of May , a silver watch, value 40s. the property of William Thompson , in the dwelling-house of John Harris .

WILLIAM THOMPSON sworn.

I lodge in New-court, Peter's-lane, Cow-cross , with one John Harris , who keeps the house: On Tuesday the 31st of May, my comrade being a soldier, was going upon duty to the Tower, and he told me my watch was gone; I was in bed at the time; I missed my watch from the nail, at 20 minutes past four; I saw the watch hanging there; my comrade got up about five, and it was then missing; the prisoner said he was without a lodging, and I took him in to sleep in the same room that night; I went to his master, he is a file maker, and enquired for his lodgings; I went to his lodgings in Noble-street, the back of St. Giles's, and his wife and child were frightened because he had been out all night; I met the prisoner by St. Giles's church, at twelve o'clock; I asked him for my watch, and he told me he had pawned it for 25s. I told him if he would return me the watch I would not hurt him; he said, he had not a farthing in his pocket, he had paid it all away to where he owed it; I found it at a pawnbroker's in Holborn; I sent for a constable to Bow-street, and when he got to the Brown Bear, the constable asked him if he had got any money, and he said, yes; and he told out 25s. and a knife with two blades out of his pocket, and he gave me the duplicate.

SARAH WARD sworn.

I am servant to Mr. Dobree, in Holborn, a pawnbroker, (producing the watch); the prisoner at the bar pawned it; I never saw him before, but I am sure that is the person.

JOHN HUMPAGE sworn.

I was sent for to take the prisoner into custody, for stealing Thompson's watch; the prosecutor gave me this duplicate, (producing it).

Thompson. This is my watch, I know it by the seal; and the number of the watch 9127.

Q. What is the value of it? - A. Forty shillings; I gave that for it.

Q. How long ago? - A. Five years.

Prisoner's defence. This man, being a soldier in the guards, asked me to inlist with him, and I was agreeable to it; and he gave me six shillings in part of ten guineas bounty, and he told me I might pawn the watch the night before, but it was too late; and the next morning I got up and took the watch, and pawned it.

Q. (To Thompson.) Did you talk at all about his pawning the watch? - A. No, nothing like it; I did give him six shillings on account of inlisting in the guards.

GUILTY, (Aged 27.)

Of stealing to the value of 25s.

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960622-33

418. JOHN NEWLAND was indicted for feloniously stealing, on the 21st of June , a wooden kitt, value 1s. and 30lb. of salmon, value 19s. the property of Henry Hunt .

The principal witness, John Connor , was called, but not appearing, the Jury found the prisoner

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960622-34

419. JOHN SMITH was indicted for feloniously stealing, on the 8th of June , four muslin handkerchiefs, value 4s. two muslin half-handkerchiefs, value 1s. three pair of cotton stockings, value 4s. a pair of silk stockings, value 2s. a cotton bed-gown, value 2s. a linen shift, value 1s. and a linen apron, value 6d. the property of Thomas

Clark ; two pair of silver studs, value 2s. a silver-handled-knife and fork, value 2s. and twenty pieces of paper, called pawnbroker's duplicates, the property of Benjamin Cirsel .

None of the property being found in the possession of the prisoner, except a duplicate, which he said he found upon Tower-hill, and having called six witnesses, who gave him a good character, the Jury found him

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960622-35

420. CHARLES WHEELER was indicted for feloniously stealing, on the 14th of December , a wooden cart, value 10l. seven linen bags, value seven shillings; and 651lb. of thrown silk, value 1195l. the property of Lewis Desormeaux . Second Count, laying the silk to be the property of Joseph Wilson .

The case was opened by Mr. Gurney, but Elias Nathan , the principal witness, not being able to identify the person of the prisoner, he was

ACQUITTED .

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17960622-36

421. WILLIAM GRAVES and JOHN WHITE were indicted for breaking and entering the dwelling-house of William Hood , no person being therein, about the hour of four in the afternoon of the 6th of June , and burglariously stealing a pedometer, made of base metal, value five pounds; three table spoons, value 30s. three silver tea-spoons, value 4s. three cruet-tops, value 1d. and a pair of leather gloves, value 2s. 6d. the property of the said William Hood .

WILLIAM FIELDER sworn.

On Sunday the 5th of this month, about four in the afternoon, I was going through Bridge-street, Blackfriars; at the end of Earl-street, I saw three men in very close conversation together, their heads were very close; I had a suspicion they were upon no good purposes, that induced me to watch, I believe, the space of three quarters of an hour; I saw Graves go several times to the door of Mr. Hood's house.

Q. Where was Mr. Hood's house? - A. The second door in Earl-street, towards Blackfriars ; one of the times he went to the door, he rang the bell the left hand side of the door several times; I could not see what he was doing, but he was upon the lock-side, as if with an intent to open the lock; he several times returned to the railing round the sewer; they were in close conversation together; I was confirmed that an attempt was designed on the house; I leaned over the rail as if I was looking down into the fewer; I heard one of the prisoners say to the other something about going down William-street; they changed their direction into twenty different situations, and conversed together; for some considerable time; Graves and the person that escaped, went down William street, and turned to the bottom to the right hand direction; where they went I do not know; they came back, and took a different situation, and were in conversation together, and Graves went up to the door again; I think he might be double the time in opening the door that any person would be having the regular key; he opened the door, and I saw him go in; I walked on the opposite side of the street, which is about thirty feet wide, in order to change, as well as I could, the appearance of my person to prevent their nothing me; the first time I kept my cloaths as much out of sight as I could; the next time I went by I buttoned my coat; the person who escaped tapped at the door, the door opened immediately, and in he went.

Q. What time passed from Graves's going in to that other person getting in? - A. About a minute; he had about fifteen yards to walk; the prisoner White came, and took a direction nearly opposite the house in the livery-stable gateway; I walked past the gateway to a street beyond it; I stood there, and could see the door, though White in the gateway could not see me; I observed the name of Hood on some premises opposite; I went and rang at the gate, and asked if those were Mr. Hood's premises; the porter came over, and remained with me on the opposite side of the street; when I supposed they had been in a quarter of an hour, I left the porter, and went to Mr. Eddington's, a coal-merchant at the next door; I knocked at the door; the maid came; I asked if any of the family were at home; she said there were not; I went in, and looked out at the stair-case window to see if they could get away backwards; I saw they could not; I then directed the porter to go and ring the bell of the door; the instant he rung the bell, White came out of the livery-stables yard; I came out on the front of the pavement, and could see White's attention; I saw his eyes directed to the man ringing the bell, on the instant of his ringing the bell; he mended his pace to a walk, and then to a walk and run, with eye over his shoulder at the man; I followed him, and caught him with my hands by the collar, and told him he was my prisoner, and endeavoured to force him back to Mr. Hood's house; a number of people came round, and I begged their assistance; somebody came out of Mr. Eddington's, and said they were going out backwards over their tiles; I ran down Mr. Yelloway's yard, and Graves was going from the head of one of the lighters, appearing as if he had hurt himself; there being a distance between the wharf and the lighter, I went

round a plank and cried stop thief, he mended his pace, and ran up the stone steps into Chatham-square; about thirty feet from the top of the steps, there were a parcel of bricks, a number of people were coming, the prisoner got as far as the bricks, and was surrounded immediately, and secured; I took him round to Mr. Hood's door, where the spectator's had got the other prisoner; as I was taking Graves to prison, going through a court, I had hold of him, he made against the wall, as if he meant to drop something, I clapped my head over him, and he struck me in the face with a little crow, and dropped it immediately; I took the crow and put it against his face, and told him I would push it into his head if he did not go quietly; I took him to Newgate, and found nothing upon him but a knife.

Q. What are you? - A. A carpenter and builder.

Q. Did you go into Mr.Hood's house afterwards? - A. Yes; after I had secured the prisoner, I returned to the house, that was about a quarter after five; I sent a man to Blackheath, where I understood the family were, and Mr. Hood came immediately to town; I remained in the house till he came, and finding a number of drawers broke open, I compared this crow to the marks of violence on the drawers, and it exactly fitted them.

Cross-examined by Mr. Knapp. (White's Counsel.)

Q. White was never in the house at all? - A. No.

ELIZABETH TOWBERRY sworn.

I live with Mr. William Hood.

Q. What is he? - A. An ironmonger .

Q. Were you in his house in Blackfriars on the 5th of June? - A. I was; I went out between half past two and three o'clock, I left the house secure, the door was double-locked, and the key was in my pocket.

Q. Did you leave any body in the house? - A. No; I returned between six and seven, I found the people about the door, the lock had been picked and broke open; I opened the door with the key, the gentlemen were all in the passage.

Q. Did you look over the house to see if any thing was taken away? - A. I looked over the things up stairs, and found every thing secure as I left it; three table-spoons, and three tea-spoons, that I had left in a small closet in the kitchen, when I returned, were tied up in a silk handkerchief on the kitchen-table. Mr. Hood's bureaus were all broke open, and his watch was taken out; I believe it to be a walking watch, a pedometer, I did not know he had such a watch in his possession; the constable has the spoons to produce.

JOHN BENNETT sworn.

I am a constable, (produces the spoons,) they were delivered to me in Mr. Hood's house by Mr. Hood's porter; I was at Blackfriars on Sunday afternoon, the 5th of June, I heard the cry of stop thief, I turned round and saw Graves secured; I went to the Compter with him, and saw him drop the crow; I went to Mr. Hood's house, I staid till he was come home; I tried this tool with the drawers that were broke open and it fitted; this other tool, (producing a larger crow,) I found in the house afterwards.

RICHARD SAUNDERS sworn.

I am a porter to Mr. Hood; I was the first in the house after the prisoner got out.

Q. Where were the things in the house? - A. In Mr. Hood's dressing-room; I saw the drawers had been wrenched open; in a chair, I saw this timepiece, lying in a basket of linen, (produces it); I turned my head to the right hand, and there was another chair, and a bag with picklock keys in it, and a pair of gloves at the top of it, (producing them.)

Q. You don't know whose gloves they are? - A. No.

Q. Do you know whose bag it is? - A. No; I went into the cellar, and saw a silk handkerchief lie, in which there were the spoons and castors; I went to the cupboard, where the spoons used to be, and found it open; in the other chair I saw a teachest lie on the side.

Q. (To Towberry). Where were the cruets? - A. They were kept in the closet where the glasses were; they were all in the closet when I went out, I had occasion to go to the closet after dinner, and saw them there.

Q. You did not observe the castors in the kitchen? - A. No; the constable had them when I came back.

Q. Did the handkerchief belong to any body in the house? - A. No. (Looks at the spoons); I know them to be Mr. Hood's property, the tea-spoons are marked; (looks at the cruets), they are not marked, they are like my master's.

Cross-examined by Mr. Knowlys. Q. Your master carries on business with some partners? - A. Yes.

Q. Do they, any of them, rest in the house? - A. No.

WILLIAM HOOD sworn.

Q. Who does this house belong to that was broke open on the 5th of June? - A. John Eddington .

Q. Do you know those gloves? - A. I had exactly such a pair, I cannot say they are mine, they were locked in my bureau.

Q. Did they remain in the bureau when you came back? - A. No; they were gone.

JOHN HOWELL sworn.

I am a labouring man, along the water-side, I work for any body who has a job for me to do: On the 5th of June, I was on Blackfriar's platform, where they deliver the goods, I cannot say what time of the day, it was in the afternoon; I observed two gentlemen come over Mr. Eddington's gateway, one tore his hand terribly, if not both, they came down and ran up the stairs, and there was a cry of stop-thief; I ran up stairs, and laid hold of the swarthy man, and held him till the gentleman came up that cried stop thief.

Q. Which is the man? - A. That is the man(pointing to Graves); he seemed very innocent at the time; Fielder came up, and I gave him into his charge, he is not the man that came over the gate-way.

Q. Have you any doubt as to either of the prisoners, are they the men? - A. They are.

Cross-examination. Q. Have you any means of knowing that man but by his being a swarthy man? - A. Yes.

Q. Is that the man that got over the gate? - A. No.

Graves's defence. I was standing on this lighter, several people ran up stairs, and I ran up stairs, there was a cry of stop thief, and they laid hold of me.

White's defence. I live over the water, I was coming over Blackfriar's-bridge; I met two persons, one was a man I had let a shop to, I stopped and talked to them some time; I went towards St. Paul's, and then came back to Earl-street, to go home; I went into the gate-way to make water, and this man came and laid hold of me; he said, I must go no further, I was his prisoner; I said, I did not know what he stopped me for, I would go with him any where; a great number of people came about, and they took me to the Compter.

For the Prosecution.

JOHN BETTERTON sworn.

I went upon the bridge, upon the craft, between four and five o'clock, to see if I could get a boat to have a ride; as I was coming back, I saw these two men coming over a gate.

Q. Who were the men you saw jump over the gate? - A. Graves and another.

Q. Whose gate did they jump over? - A. Mr. Eddington's; he clapped his hand on my shoulder(I thought he would have pushed me over board), and said, damn the boy, what do you do here; he ran up the stairs; I heard a gentleman cry,"stop thief;" I ran up the stairs, and the coal-porter had hold of him; I was going to take hold of him, he put his hand in his pocket, and said, let me go, and I will give you a shilling or two.

For White.

JOHN MERRIDEAU sworn.

I am a coachman; I have known White two years; I never heard any thing against him before this time.

FRANCIS FIELD sworn.

I live in Pentonville, I am a wheeler; I have known White two or three years, I never knew any thing wrong in his family; I worked for him, he was a good master to me.

Q. Were you with him on the afternoon of the 5th of June? - A. Yes; about four o'clock.

Q. How long did you remain with him? - A. A few minutes, at the end of Fleet-market, I was going up to Islington.

- STEDMAN sworn.

I am a carver and gilder; I have been sixteen months backwards and forwards to the house; I always saw the man at work, and never knew any ill of him.

JOHN HORTON sworn.

I am a leather-dresser in Carnaby-market; I have known him seven years; he has worked in several parts of the town; I never heard any thing against his character.

Graves, GUILTY . Death . (Aged 23.)

White, GUILTY. Death. (Aged 34.)

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17960622-37

422. CHARLES WHEELER was indicted for feloniously stealing, on the 14th of December , a black gelding, value 10l. the property of James Lewis Desormeaux .

There being no evidence offered, the Jury found the prisoner

NOT GUILTY .

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17960622-38

423. ANTHONY CHANDLER and JOSEPH SALMON , were indicted for feloniously stealing, on the 29th of April , six wooden boxes, value 6s. and 900lb. weight of tin plates, value 17l. in a barge, called the Greenfinch, lying on the navigable River Thames , the property of Hercules Lovegrove .

Second Count. Laying it to be the property of the Company and Proprietors of the Thames, and other Canals .(The case was opened by Mr. Knapp).

Examined by Mr. Knapp. I am in partnership with Mr. Sills, my father; I was at Abingdon in April last.

Q. Do you remember any tin plates, and how many being delivered to Mr. Lovegrove? - A. Yes; Eight hundred and forty-seven boxes, to bring them to London, to the Hamburgh wharf; I delivered them myself; when we came to London, we found six boxes missing; I went to the Public Office in Worship-street, and saw these boxes.

Q. When was this? - A. About the 3d or 4th of May.

Q. Were they part of the boxes of tin plates you delivered to Lovegrove? - A. They were.

HERCULES LOVEGROVE sworn.

Examined by Mr. Knapp. Q. Do you remember any tin plates in boxes being delivered to you at Abingdon, by Mr. Sills? - A. Yes; about the 28th of April, I brought them to London, to the Hamburgh wharf, we unloaded all but six, which we could not find.

Q. When did you miss them? - A. As soon as we got them out; we were four days getting them out.

Court. Q. You came all the way with the barge from Abingdon? - A. Yes.

Q. Did any thing happen by the way? - A. No; we stopped of nights, we were about seven days coming; we have a man to watch in the night, we had always somebody on board.

Q. Might they not have been taken out at Wallingford, or any other place, by the way? - A. No, they were not taken out before; I should have missed them if they had.

Cross-examination. Q. You did not find out that they were gone, till you came to London? - A. No.

Q. You could not have missed them out of the barge? - A. I know they were not taken till we came to London.

Mr. Knapp. Q. Do you know Chandler? - A. Yes.

Q. Did you see him standing at the wharf when you came to London? - A. I saw him at the Bowling-pin, while we were landing the cargo, (the boxes were produced).

Q. If six such boxes had been taken out before you came to London, should you not have missed them? - A. Yes.

JAMES BEDELL sworn.

Examined by Mr. Knapp. Q. You were apprehended about some flax? - A. Yes.

Q. When you were before the Magistrate, you gave some account of these plates? - A. On the 2d of May, about half after four, Chandler came and called me up, and said, Jem, I have got a job for you to do; very well, says I, I will go and do it; I went and harnessed the horses, and went into the Strand, up to the Adelphi; I went under the archway of the Adelphi, to a dunghill, and there was Salmon and Chandler, and Salmon brought these six boxes from out of the arch-way, and put them into my cart; I drew them up into the Strand, they came with me, I said, I wanted something to drink; we went up into Covent Garden-market, and called at the Queen's-head, and had something to drink; Chandler said to me, lend me a guinea, my wife wants to go to market, I lent him a guinea; Salmon said, lend me a guinea, I did; they said, take these boxes home, and take care of them; I took them home to Hoxton, and put them into the stable with the horse; in the course of the day, Chandler came to my house, and said, if I would go with him, he would see what he could do with these boxes, and pay me the two guineas, and for the carriage; we went to a shop over Tower-hill, and he told a man he had some tin, but did not bargain there; coming through Long-alley, I said, here is a person deals in tin, one Ogden; I went in, and said, Ogden, here is a man has some tin, and he might have a bargain; Chandler asked him 11l. for it; he said, he would give it, if he could find a friend to purchase it; Chandler called upon me to go down to the old man Ogden; we went down, he said, he would purchase it, if he would take nine guineas, he said, he should have it, that was on the Friday; on the Sunday, he came to my house, and asked if he was to have the tin; I told him, Chandler was in trouble, I had the tin, I was frightened about it, I did not know what to do with it; on the Sunday, Salmon came up, and asked what I had done with the tin, I said, I had it, and did not know what to do with it; he said, he hoped I would not turn a rogue and tell of this; I did not know what I should do, I took it to the old man's on Monday, and when I was at the Magistrate's for the flax, I told of this.

Cross-examined by Mr. Jackson. Q. Which were you taken into custody for first? - A. The flax business.

Q. We had a little talk about the flax yesterday here, you went beyond the business of a carter, and undertook to sell the tin? - A. I only went to secure my own money.

Q. You had no suspicion about this, when it was taken out of the arch? - A. No.

Court. Q. At what hour did you carry these tin plates to Ogden's? - A. On Monday, about eleven o'clock.

Q. Salmon is a water-side porter? - A. Yes.

Q. Did you never employ him to do a job for you? - A. I never employed him in my life.

Q. You only saw the tin lying under the arch? - A. I did not see it till it was brought to me.

Q. After Chandler was in custody, did you take the tin to Ogden's? - A. Yes.

Q. Did you receive any money for it? - A. I did not receive any money for it.

Court. Q. At that time, did you know Chandler was in trouble about the tin? - A. He was in trouble about the flax and tin too.

Q. Have you been to Ogden's since? - A. I have never been to the man's house since.

Q. You never cautioned him to be in the same story? - A. No.

Q. You never sent something to those persons in prison? - A. No.

Mr. Knapp. Q. You were not the first person that gave the first information about the tin, to the Magistrate? - A. Yes.

JOHN ARMSTRONG sworn.

Examined by Mr. Knapp. I apprehended Chandler at Bedell's, in bed, on Saturday the 7th of May, in consequence of an information; I went to Ogden's house, this box of plates was open, and Ogden showed it me, the others were found by Wray.

JOHN WRAY sworn.

Examined by Mr. Knapp. I went to Ogden's house, and asked him if he had not some boxes of tin; I found the loose plates at his house, and I found, about 500 yards from his house, five other boxes, by his direction.

JOHN OGDEN sworn.

Examined by Mr. Knapp. I live in Long-alley, Moorfields, I am a tin plate worker; I know Chandler, I saw him at my house, I don't know the day of the month.

Q. Was it in May? - A. I believe it was.

Q. Was Bedell with him? - A. Yes.

Q. Was there any tin left at your house? - A. Part of a box was brought by Bedell, this is the tin in an empty box of mine, the others were in Crown-street, in a bottle-warehouse, I sent them there by Bedell; if I could get a friend, I was to buy them.

WILLIAM BLACKITER sworn.

Examined by Mr. Knapp. I am an officer belonging to Worship-street; I apprehended Salmon next door to the office, and took him to the back room, in custody with Bedell, he said to Bedell, you are a bloody rogue; he had a good mind to blow his brains out; Bedell said, he lent him two guineas.

Sills. These boxes of tin have all separate marks; the marks of the boxes were missing; as I counted the boxes I made a chalk mark, which remains on one.

Q. What is the value of the boxes? - A. I don't know any thing about it.

Q. What is the value of the tin plates? - A. Three pounds a box they are usually sold at.

Chandler's defence. I went with Bedell; he said he had bought some tin at an auction; I know nothing about it.

Salmon's defence. That man only throws the charge off himself to me. I know nothing of it; I went to the office myself; as soon as I got to the office the gentleman took me, and he ran away; I know nothing of the felony; that I put the things in the cart, I don't deny.

For Salmon.

ANN BROCKET sworn.

I have known Salmon five years; he has lodged with me, I never knew any other than that he was a very honest man.

SUSANNAH CANNON sworn.

I have known Salmon six years; he is a very honest, hard-working man; I live in the same house with him.

WILLIAM THACKER sworn.

I am a publican, I keep the Pitt's-head over the way; I have know Salmon ten years, he worked where I lived over the water, for a house I kept ten years; he is a very honest man, as far as I know; Bedell came with the cart on Sunday, in time of divine service, and knocked at the door; I would not let him have any beer.

JOSEPH PHILPOT sworn.

I am a coal-merchant; Salmon worked for us three or four years; I never knew any thing to the contrary of his being a perfect good character, as to honesty; I have trusted him with property, and never missed any.

Q. (To Lovegrove.) What is the name of the barge? - A. The Greenfinch.

Chandler, GUILTY . Death . (Aged 26.)

Salmon, GUILTY. Death . (Aged 35.)(Salmon was recommended by the Jury, to his Majesty's mercy, on account of his good character .)

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17960622-39

424. JOHN JAQUES was indicted for feloniously stealing, on the 22d of March , five pair of silk stockings, value 3l. the property of William Clarke , privately in his shop .

WILLIAM CLARKE sworn.

I live in Leicester-square , I am a haberdasher and hosier: On the 19th of March, in the evening, the prisoner came to my shop and asked me if I dealt in silk stockings; I told him I did; he said he wanted a parcel of stockings, if I could sell them upon good terms he would deal with me, if I would make an allowance in taking a parcel; I told him I would; he said he had another gentleman that he must consult, and he would call upon the Monday

morning and make the purchase; he did not come on the Monday morning, but came on the Tuesday and made an apology for not coming; he then desired me to show him some stockings; which I did; I showed him some white first, a parcel in which there were twelve pair; he looked out what he thought proper, and then desired to see some others; I showed him a dozen of patent ribbed; he looked out some of them, and then I showed him some others, such as white and coloured silk; after he had done with the silk, then he wanted some women's white cotton, very fine, and then he wanted some women's coarse at 2s. 6d. or 3s. the pair; he then wanted some boy's random two sizes, and he looked out silk and cotton boy's ones to the amount of 18l. odd; he desired the silk to be packed up very carefully in strong paper, for that they were going into the country, and to prevent them being rubbed in cartridge paper; the other sort he was indifferent about the packing, but if I would get them ready in half an hour, he would call and settle for them; this was about half an hour after eight in the morning; I told him that was too short a time to get the bill ready and all, if he would wait till ten o'clock I would then be ready for him; he said, that would suit him just as well, and desired I would have them ready; I packed them up agreeable to his desire, the bill was made; he did not come; I kept them packed all that day, and the day after; the third day I opened them, convinced in my own mind that he was a bad man; I opened them, and upon examining what he had bought, and what I knew I had, I found that he had robbed me of two pair of white silk and three pair of coloured patent ribbed; I knew he had robbed me, because I knew there were twelve in the parcel, and when I examined them, and what he had looked out, there were two deficient.

Q. Was that deficiency in the parcel reserved for your own use, or in the parcel that you had packed up? - A. The deficiency was in those that were put back again, and the same with the patent silk; there were twelve pair in paper.

Q. How many of the patent had he agreed for? - A. He had not agreed for any,

Q. What was the quantity he had fixed upon for packing up? - A. He took out what he liked and laid them in a heap; when my back was turned to show him some others, he must have taken them.

Q. But there was that deficiency? - A. Yes.

Q. Did you ever see those stockings again? - A. No, never.

Q. I don't understand you with respect to the white and patent silk stockings, there was a dozen of each; did he direct you to pack the whole dozen? - A. No.

Q. What did you do with those that he did not order? - A. I made up the paper myself, and put it aside.

Q. This paper you did not examine till two days after he had left the shop? - A. No; not till the third day.

Q. What is the value of those things? - A. Between three and four pounds.

Cross-examined by Mr. Knapp. Q. In the first place, are you quite sure he is the man? - A. I am very sure he is the man.

Q. He ordered you to pack up some stockings? - A. He ordered me to pack up the silk carefully by themselves.

Q. Do you know how many pair you packed up? - A. I really don't know; I know the whole amount of the stock that he looked out was 18l. odd.

Q. Then the only ground for your supposing he took those things is, that three days after, when you came to calculate your stock, there were five deficient? - A. Yes.

Q. I take it for granted your shop was not shut up those three days? - A. No; certainly not.

Q. And those things have never been found since? - A. No.

Court. Q. Did the parcels that you put back appear to you to be in the same state the third day, as when you put them back? - A. They were; I am sure they never had been opened.

JOHN CLARKE sworn.

I am son of the last witness; I was in the shop at the time the prisoner was there.

Q. Did you see him the time that he first called? - A. Yes; I was there the whole of the time, though not behind the counter.

Q. Did you see him the second time? - A. No; he only called once.

Q. Yes, he did? - A. Yes; I believe he called on the Thursday morning first, and on the Friday morning the second time.

Q. However you saw him both times? - A. Yes, I did.

Q. Do you know the quantity of stockings that was shown him? - A. Yes; I am confident there were twelve pair in each bundle.

Q. Did you examine the bundles upon their being taken down, when you suspected some had been stolen? - A. My father did in my presence; there were three pair deficient in one bundle, and two pair in the other.

Q. Are you in the habit of serving in the shop? - A. Yes.

Q. In the interval of the time between his coming and choosing the stockings, and your examining them afterwards, had you taken down those bundles? - A. I had not.

Q. Has your father any other servant that serves in the shop? - A. He has not.

Cross-examined by Mr. Ally. Q. You were in the shop the first time that he came? - A. Yes.

Q. Your's is a shop of very good custom, I believe, and a great many people coming in? - A. Yes.

Q. It happens in the hurry of business, when customers come into your shop, that you pull down a great many bundles in your anxiety to serve your customers? - A. It might have happened so, but these things I am positive were not taken down.

Q. But in the hurry of business you or your father might have done it? - A. I must have recollected it, if it had been so.

Court. Q. You are certain you took down in that interval neither of those bundles? - A. I am positive of it.

Q. (To the Prosecutor.) In the internal between your showing him these stockings and examining the bundles, had you shewn them to any body? - A. I am sure I never had, for they were patterns I intended to return, the patterns not being agreeable to me.

Mr. Ally. Q. Is there any other servant in your shop? - A. There is a shop-woman attends occasionally.

Q. You have left somebody there, I take it for granted, to take care of your shop? - A. Yes; Mrs. Clark.

Q. She serves occasionally? - A. Yes.

Prisoner's defence. My Lord, and Gentlemen of the Jury, in the defence that I meant to have set up, I intended to prove an alibi, but was advised to the contrary; if I had not, I should have been able to proved myself to be near 100 miles off at the time, at Bury St. Edmund's; but it would have been a very great expence to have subpoened witnesses so far to give evidence; I think it is not necessary for me to trouble your Lordship long, and therefore shall say but very little; that I am innocent of the charge is all the defence I can make; it is not very likely that twelve gentlemen-remember, gentlemen, my life is at stake-it is not likely that twelve gentlemen, as honest men, would take away my like in such a case as this; a shop that is open to all comers and goers; the prosecutor said, three days afterwards he examined the parcels; is it possible, that upon such evidence my life is to be taken away? I shall trouble you no longer, gentlemen, you will remember my life is at stake.

GUILTY . Death . (Aged 30.)

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-40

425. THOMAS WOOD and RICHARD GREENHOVE were indicted for feloniously stealing, on the 3d of June , a pair of silver shoe buckles, value 21s. the property of William Edwards .

WILLIAM EDWARDS sworn.

On the 3d of June, about half past four in the afternoon, I went down into Bond-street , I had a shop sitting up there, I live in Conduit-street, Hanover-square, I am a silversmith ; I staid with the workmen about an hour and an half; as I was coming home, at the corner of Conduit-street, I saw the two boy s at the bar; I walked up the street at my leisure, not thinking they were doing any harm, till I came to the Prince of Wales's coffee-house, which is opposite my shop; the two prisoners walked off from the shop up the street when I came to my shop window, I saw that the window was cut, and two pair of silver buckles gone; there was a piece cut out of the window; I ran after them, and collared them both, and brought them into the shop; the prisoner, Greenhove, produced one pair of buckles, I had lost two; they were both searched by an officer from Marlborough-street, but there was nothing more found upon them; it was then about half past five o'clock, as near as I can tell.

CHARLES VINING sworn.

I am servant to Mr. Edwards: On the 3d of June in the afternoon, I was sent out upon some business about four o'clock; upon my return between five and six, I saw a great number of people round the window.

Q. Were you in before your master? - A. Yes, I was; upon seeing a crowd round the window, I immediately ran off home, and enquired of Mrs. Edwards what was the matter, and she told me the prisoners at the bar had cut the window; the boys were both then in the shop; I asked Greenhove how he came by them, one pair of buckles had been taken from him before I came in; he said, that as he was passing by the window, he perceived it was cut, and the buckles dropped out; that he had picked them up, and given them to the prosecutor, Mr. Edwards; I then asked if they were brothers, or related to each other, and they said they knew nothing of each other.

Q. (To Mr. Edwards.) In what respect did these boys seem at all connected with each other? - A. They were close together, both their heads were contained within the compass of the square of glass, stooping with their hands very close to it.

Q. Upon searching them did you find any thing by which the glass could have been cut? - A. No; a piece of glass was cut out, just room for a pair of buckles.

Q. Was it of a regular uniform shape, as if it had been done with a diamond? - A. No; it had been eased out.

shall be done with those children, than as to their guilt or innocence; I am afraid you must say guilty, and I will endeavour to do something with them; there is a society would be very glad of them.

Mr. Kirby. They have been here before, my Lord, and have run away from the society.

Wood, GUILTY . (Aged 13.)

Greenhove, GUILTY. (Aged 14.)

Confined twelve months in the House of Correction , and fined 1s.

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960622-41

426. EDWARD RUTLEDGE was indicted for feloniously stealing, on the 23d of May , 4lb. weight of coffee, value 3s. the property of William Mashiter , Edward I'Auson , George Byng , and Thomas Platt .

Second Count. Laying it to be the property of persons unknown.

JAMES WILSON sworn.

I am a locker upon the Excise, to prevent any coffee going out of the warehouse without being regularly cleared.

Q. What warehouse? - A. Mr. Mashiter's, Tower-hill.

Q. Who are the partners with Mr. Mashiter? - A. I cannot say I know their names: On the 23d of May we were very busy taking in some coffee, and I went down to the far end of the warehouse to see what the men were about, and when I came towards the door again I saw the prisoner putting some coffee in his pocket; he was at work in the warehouse as a labourer ; I immediately called to him, and he stopped; and I went up to him, and called for assistance, and Mr. Draper came up to me and found the coffee in his pocket; there were 4lb. and an half when we weighed it; I saw it taken out of his pocket.

- DRAPER sworn.

I was in the warehouse at the time that Mr. Wilson called to me, and I went to him and took this coffee out of the prisoner's pocket, (produces it;) there is 4lb. and an half of it.

THOMAS MARSHALL sworn.

I am clerk to the prosecutors; the partners are William Mashiter , Edward I'Anson, George Byng , and Thomas Platt ; they are the owners of the warehouse .

Q. Whose coffee was this? - A. I don't know; it was in their care, and under their charge.

Prisoner's defence. It was coffee that I bought, as I was coming from breakfast; I put my left hand into the cask of coffee, and my right hand to my pocket, to see if it was the same kind of coffee, and the gentleman stopped me.

For the prisoner.

WILLIAM BONE sworn.

I am a serjeant; I have known the prisoner a year and an half; he is a very good soldier, and never had any thing laid to his charge before.

427. MARGARET DONOVAN, otherwise CROW , was indicted for feloniously stealing, on the 21st of May , privily from the person of one Edward Jones , a silk purse, value 2s. four guineas, 5s. and a Bank Note, value 10l. the property of the said Edward Jones .

EDWARD JONES sworn.

I live in Welbeck-street; I am butler in the family of Mr. Egerton: On the 21st of May, at two o'clock in the morning, I was walking in Oxford-road, from the end of Woodstock-street to the end of Shepherd-street; the prisoner stopped me, and asked me to walk along with her; I told her I was engaged, and could not go; I crossed Oxford-road, to the end of Cavendish-street ; she would then insist upon feeling my privates; at the time she had her hand upon my breeches, she said, take care of your watch; and at the same time took a purse out of my waistcoat pocket; I am certain I had it when I met with the prisoner at the bar; when she said, take care of your watch, I put my hand to my waistcoat pocket, and missed my purse; that instant there was a 10l. Bank Note in it, four guineas in gold, 5s. in silver, and upwards, I cannot tell how much, I believe there were six or seven guineas in all; it was a green silk purse; when I accused her of it, she denied it strongly; she went across the road to the corner of shepherd-street; I was going to strip her, but I thought it was not decent in the street, and I gave charge of her to two watchmen, one was a private watchman, the other a parish watchman; the private watchman gave up the charge to the parish watchman, and they let her go; I did not see her again till she was taken this week; I went to the watch-house, in the first place, and complained against the watchman.

Marlborough-street? - A. She was taken, I believe, for robbing a chimney-sweeper.

DAVID COLE sworn.

I am a cabinet-maker, I attend Marlborough-street; a young man came there and said, he was robbed; when I came to see the prisoner I knew her perfectly well, and have done a long while; this man and she made it up, and then I sent for Mr Jones; as soon as he got into the office, there were a dozen people I believe in the room, he immediately said, that is the woman that robbed me.

Q. Were there more women than her? - A. Yes, in the office, but not very near.

Q. In the same room? - A. Yes; and she was fully committed that night.

Prisoner. He had a spite against me, and took me by my name.

THOMAS DUGGIN sworn.

I am a watchman, I stopped at the corner of Union-street, after calling the hour, soon after two; I saw the prosecutor and the prisoner, in a door way, the corner of shepherd's-street, and I thought they were doing something; I was ashamed to look at them, and I turned back from them, and when I saw that they were doing no harm, I came back into my own beat, into Union-street, and I heard a noise the corner of Shepherd-street, of this man crying for the watch.

Q. Are you the parish watchman? - A. No, the private watchman; employed by the inhabitants of Bond-street; I went down where he was, and he told me that she had robbed him of his purse and money, and he told me to take charge of her, and to take her to the parish watchman, and she told him and me to strip her in the street, that she had not a farthing about her; then this gentleman said, he would not wish to strip her in the street, and the other watchman came up, the parish watchman; I told him he would take charge of her, that it was too far out of my beat, and I could not stay any longer, and the parish watchman said, he would take charge of her; I knew no more of it from that hour.

Q. You saw Jones that night? - A. Yes; while he was along with that woman.

Q. Did you observe whether he was sober or not? - A. I took him to be sober.

Q. (To Jones.) Were you sober? - A. I had been home all the evening, till half past one, and then I went out, I had not been out half an hour.

Prisoner's defence. I never saw the man before in my life, that I know of; the watchman left me, and that gentleman stripped me in the street, even to my cap and all down my bosom, naked in the street.

Q. (To Jones). Did you strip her? - A. No.

Q. (To Duggin). Did you strip her? - A. No; she offered to strip, and pulled off her cap, and opened her bosom, that is all that I know of it.

NOT GUILTY .

Tried by the first Middlesex Jury, before The LORD CHIEF BARON.

Reference Number: t17960622-43

428. JOHN BUTTERFIELD was indicted for feloniously stealing, on the 11th of June , four pounds weight of sugar, value 2s. the property of William Pyecroft , and Charles Ward .

JOHN PYECROFT sworn.

I am clerk to William Pyecroft and Charles Ward, sugar refiners , in Whitechapel ; the four pounds of sugar I have in my hand was given me by one of the witnesses, I have had it ever since.

JOHN BRIGHT sworn.(The witness being a foreigner, an interpreter was sworn.)

The prisoner came into the sugar-house of Messrs. Pyecroft and Ward, on a Saturday, about a fortnight ago, between nine and ten o'clock, he went up to the sugar, and took a handful of sugar, and looked at it, and threw it down; he went round the sugar-house, and looked if any body was there; when he saw nobody in the sugar-house, he went up to the sugar and filled his hat with it, and drawed the lining over it, then he put the hat upon his head; I had suspected the prisoner, and had concealed myself; I then came out, and asked the prisoner what he had been doing there, he then came running up to me, and asked to shake hands with me, and I refused, and then he ran away with the sugar and the hat into a dark place in the sugar-house, and threw the sugar out of the hat upon the ground.

Q. Was the prisoner employed in the sugar-house? - A. Yes; he brought a couple of hoops and heads to head up a hogshead, he is a cooper's labourer.

Q. Where did the sugar lie before he took it? - A. Upon the floor in a corner.

Q. What became of the man when he had thrown the sugar down? - A. He ran away.

Cross-examined by Mr. Ally. Q. Do you know how long he had been employed as a cooper in that warehouse? - A. I cannot tell.

Q. Is it not usual for persons employed as he was, to get the scrapings of the sugar that are generally thrown away in a corner? - A. I don't know.

Q. Ask him whether the man did take any sugar, or whether he only looked at it, laid it down again, and went away? - A. The first time, when he took out the handful, he threw that down.

Q. Whether there were not a great many other men working in the same room? - A. No.

ALBERT GRIM sworn.(This witness being also a foreigner, an interpreter was sworn.)

I took up the sugar after the prisoner had thrown it down in a dark place in the sugar-house.

Q. Did you see the prisoner throw the sugar there? - A. No.

Q. Did you see the prisoner run away? - A. No; I put it into a paper, and gave it to Mr. John Pyecroft.

Cross-examined by Mr. Ally. Q. Whether it was not a very dark place, and impossible for any one to see it thrown there? - A. It was dark there; but if any body else had come there, they might have seen it.

Q. Whether it was not necessary to see the person who had thrown it there, to be very close to it? - A. Yes, it was.

THOMAS GRIFFITHS sworn.

I am a constable; I was sent for by the prisoner's master, to a cooperage, in Petticoat-lane; I took charge of the prisoner, and took him to Lambeth-street Office; in going across Whitechapel with the prisoner, I asked the prisoner what his master charged him with, he said, he charged him with taking a handful of sugar from the sugar-house, where he went to put some hoops upon the cask, and what he intended to do with the sugar, was to put it in a pudding the next morning, which was Sunday; I took him before the Magistrate, and he was committed.

Q. (To Pyecroft). What do you call that sugar? - A. It is what we call headings, it is manufactured sugar, but not in a finished state.

Q. What may be the value of it? - A. About 3s. I should suppose.

Q. Is that the washings or scrapings of the sugar? - A. No; it is the wet part of the sugar, when it is taken out of the moulds; this man has come to our house as a cooper's labourer very frequently, 4 or 5 times a day sometimes, to bring hogsheads.

Prisoner's defence. On the Saturday morning, I pulled off my hat, while I went into the hoop warehouse, and when I came back, I found the sugar in my hat, which I turned out immediately, and then I was accused of the robbery.(The prisoner called Richard Shepherd , Edward Mills , and Henry Hanson , who gave him an excellent character).

GUILTY . (Aged 24.)

Confined six months in the House of Correction , and fined 1s.

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-44

429. GEORGE MASON was indicted for feloniously stealing, on the 29th of May , two kerseymere waistcoats, value 2s. two cotton waistcoats, value 2s. a cloth coat, value 4s. a pair of silk and cotton stockings, value 1s. and a linen handkerchief value 2d. the property of John Newsom .

JOHN NEWSOM sworn.

I live at Mr. Guy's, a stable-keeper, in Little White-street, Moorfields ; I lost the articles mentioned in the indictment, from the coach-house; I was a labourer in the yard; I missed them between five and six o'clock in the evening, on Sunday the 29th of May; I found part of the things upon the prisoner, and the rest in a bundle about half past nine o'clock the same evening, at the Red-lion, in Market-street, at the back of the Opera-house; I knew the things and him directly as soon as ever I saw him; I challenged him with it at the public-house; I never saw him till the Monday morning before he came to work in the yard, as a labourer, he had worked there six days only; I saw him in the yard on the Sunday.

Q. What part of the cloaths did you find upon him then? - A. One kersymere waistcoat, a cloth coat, a pair of stockings he had on his legs, a linen handkerchief; he had the rest of the things tied up in a bundle; the kersymere waistcoat has got W. W. upon it; there is none of the other things marked, but I am sure they are all mine, I have had them ever since, the Justice told me not to wear any of them.

Q. What did the prisoner say to you at the public-house? - A. He cried out for mercy, and said, he would give up every thing to me directly.

Prisoner's defence. It is the first offence, my Lord. GUILTY . (Aged 22.)

Confined twelve months in the House of Correction , publickly whipped and discharged.

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960622-45

430. MARY JONES was indicted for feloniously stealing, on the 20th of June , a muslin shawl, value 3s. the property of William Hilton .

WILLIAM HILTON sworn.

I am a linen-draper , in Oxford-street : On Monday last the 20th of June, between three and four o'clock, I saw the prisoner tear off a muslin shawl from an iron that was made use of to hang them upon; she wrapped it in her cloak, and went away with it, I went out, and brought her back to the shop, through the passage, and took it from under her cloak; I sent for an officer, and she was taken to Marlborough-street.

DAVID COLE sworn.

I had this shawl from the last witness, I have had it ever since, (produces it).

Prisoner's defence. I was going along Oxford-road, and a woman asked me to carry it for her, I did not know there was any thing in it.

GUILTY . (Aged 23.)

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960622-46

431. JAMES GRINDALL was indicted for feloniously stealing, on the 6th of June , a silk handkerchief, value 2s. 6d. the property of Alexander Donaldson , privily from his person .

ALEXANDER DONALDSON sworn.

I am a taylor : On Monday the 6th of June, about five o'clock in the afternoon, I was in Bedford-street, Covent Garden , a gentleman told me I had had my pocket picked of a silk handkerchief; I put my hand in my pocket, and missed it, he shewed me the prisoner, and ran after him, and caught hold of him, the prisoner gave me the handkerchief, (produces it); there is no mark upon it, I cannot say it is mine; but I had such an one in my pocket; the prisoner said, he was never guilty of any thing of the kind before.

- GOODALL sworn.

I was passing in Bedford-street; I saw the prisoner take from Mr. Donaldson, a blue and white silk pocket handkerchief; I immediately apprised him of it, and asked him if he had not lost one, he put his hand in his pocket, and said, he had, and I immediately seized the prisoner, who delivered the handkerchief to Mr. Donaldson, he expressed a desire to be sent to sea.

THOMAS DALTON sworn.

I was coming up Bedford-street, on the 6th of June, and heard a cry of "stop him, stop him," I saw the prisoner stopped, and assisted in detaining him; I saw Mr. Goodall take him, the prisoner was down on his knees, and begged pardon.

Prisoner's defence. I saw this handkerchief lying by the side of a mob, in Bedford-street, and I picked it up, and went along.(The prisoner called Thomas Penn , and Elizabeth Paris , who said that he was a very honest lad, and gave him a good character.)

GUILTY. (Aged 18.)

Of stealing, but not privately from the person .

confined twelve months in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960622-47

432. ELIZABETH COOLEY was indicted for feloniously stealing, on the 20th of June , a man's cloth coat, value 15s. a toilinet waistcoat, value 5s. a pair of cotton stockings, value 6d. an iron tobacco-box, mounted with silver, value 12d. and a half guinea , the property of John Parker .(The witnesses were called upon their recognizances, but not appearing, they were ordered to be estreated).

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960622-48

433. MARGARET REDMAN was indicted for feloniously stealing, on the 14th of June , three check aprons, value 1s. a calimanco petticoat, value 1s. a pair of cotton stockings, value 1s. and a piece of silk ribbon, value 1d. the property of Mary Cornbie .

Thomas Dunn , and Benjamin Rulter , the principal witnesses, were called upon their recognizances, but not appearing, the prisoner was.

ACQUITTED .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960622-49

434. WILLIAM GOODWIN was indicted for feloniously stealing, on the 24th of June , a silver watch chain, value 10s. a silver watch key, value 12d. another silver key, value 6d. a silver seal, value 2s. and a silver watch hook, value 4d. the property of Swearus Sandestrom .

SWEARUS SANDESTROM sworn.

I am a foreigner, I have been in this country eleven months; yesterday, about three minutes before one o'clock, I was robbed at the gate of the coffee-house, where the Free Masons come out, before they go into Shoreditch church; I was walking along the foot-path, there were a great many people, as thick as they could be, the prisoner was there, and he snatched at my watch chain, and broke it off close to the ring of the watch; I was going into the coffee-house, I took him by the shoulder, and said, my man, you robbed me; he said, what have I robbed you of, and he let it drop out of his hand.

Q. When it was snatched from you, did you see him snatch it? - A. I felt the snatch, and then I saw his hand go with the chain in it, he dropped it, and I picked it up.

Q. Did he get away from you? - A. Yes; a little way, but I never lost sight of him, I gave the chain to an officer, and he is not come yet.

Q. Are you perfectly sure it is the same chain that you have described? - A. Yes.

Q. And that you never lost fight of him? - A. Never.

Q. Are you a sailor ? - A. Yes.

JAMES HANSON sworn.

I am a Dane, I was in company with the last witness when he was robbed, I saw him seize the prisoner by the coat, and asked him if he wanted to

rob him; he said, no; what did you take my chain for then, says Sandestrom. I did not take it from him; I did not see the prisoner drop the chain; but I saw Sandestrom pick it up close by the prisoner; we let him go, and somebody said, we must not let him go, and then a constable had him; he went a little way, and then he was caught again; the chain was given to the constable.

WILLIAM WARD sworn.

I am a constable: (produces a silver watch-chain,) I had it from the prosecutor.

Prosecutor. This is my chain, I know it by the seal.

Prisoner's defence. I am very innocent of the affair.(The prisoner called three witnesses, who said he had been out of business about a fortnight, and gave him an(honest character).

GUILTY . (Aged 25.)

confined two years in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960622-50

435. JOHN LEE SIMS was indicted for that he, on the 11th of May , a piece of false copper money, to the likeness of a halfpenny, feloniously did make, coin, and counterfeit .

Second count. For making, coining, and counterfeiting a farthing.(The indictment was opened by Mr. Cullen; and the case by Mr. Fielding).

JOHN KING sworn.

Examined by Mr. Fielding. I live with Mr. Farnworth, I am a cellarman to him, he is a wine-merchant on College-hill, Elbow-lane . On the 11th of May, about four o'clock, we heard an unusual noise from the next house, which was uninhabited; I went to a public-house in College-hill, Mr. Roberts's, the Queen's-head, he came with me and listened; the noise continued some time after Mr. Farnworth came home, and I acquainted him with it, he came down and listened, and heard the same noise; after that, we went out at the window that belongs to my mistress, we tried two or three windows to see if we could get into the house; trying a third, the prisoner came up to the window, we shoved it up, and he was at the window, the windows was on the ground-floor, in the back yard; we told him we heard some unusual noise, and should wish to come into the house; Mr. Farnworth said, he should wish to know what it was; there was a conversation between them, and he would not admit him to come in, as he said he was in charge of the house, he could not let any body in; after that, we went down stairs again, and the noise was then discontinued; Mr. Farnworth went to the publican, and while he was gone to that house the man came out, my mistress called to me, and I, with my master, stopped him, I was a little way behind him; my master said, he should wish to know what he had in his bag; I don't know what answer he made, my master followed him, and sent me for a constable; but before I went, a constable came, and my master gave charge of the prisoner.

SAMUEL FARNWORTH sworn.

Examined by Mr. Fielding. I came home on the 11th of May, between five and six in the evening; I was informed by my servant that he had heard an uncommon noise in the vault next to where we keep our bottles, I went and listened, and heard it very distinctly, it was as if something was struck upon an anvil, at distinct intervals of about a minute; the first idea that struck me was, that somebody was attempting to break into the vault; we went and got out of a window of our's, with the publican, Roberts, I desired him to try to-open one of the windows, and get in; one window we attempted in vain, the next John King attempted to get in, and was prevented by the prisoner, who said, he should not come in; I asked him what reason he had, it being an empty house, there could be no objection to my going in to satisfy-myself; he said, he was put in trust there by a gentleman, who was out of town, and he would not suffer me to go in; that increased my suspicion, and it occurred to me, that if there was nothing improper, I should hear the noise continued when I went down again; I desired my servant to observe that, and he told me the noise had ceased; I desired Roberts to send for a constable; before I could hardly say the words, I saw the prisoner coming out with a large sack upon his back; I ran after him up the Hill, and stopped, him, I insisted upon knowing what was in his bag, he refused me repeatedly; I told him I had sent for a constable, and if he did not comply, I would give him in charge; he begged I would not hurt him; he said he had a wife, and five or six children; I told him I could do nothing in it, it was a public duty imposed upon me, I must go through with it, and I gave charge of him; the constable took him to a public-house in Cloak-lane, and took some halfpence out of the bag, I did not see the whole contents taken out, and he was taken to the Compter; I went with the constable, and two or three other men, into the empty house, by means of a key that was dropped in the necessary, and there a die was found, and a number of other things, in a vault adjoining our cellar.

WILLIAM WILLIAMS sworn.

Examined by Mr. Cullen. I am a constable; I took the prisoner, and examined the bag; I found some halfpence in it. (producing them).

- A. No; only some saw-dust among them, it was dirty and greasy; the halfpence, if they had been good, would have been worth four pounds, five shillings, and nine-pence; I did not search the prisoner, I took him to the Compter; the key of the house was found in the privy of the White-horse; Wainwright and King, and I, went to the house, and searched it, and found the implements for coining; we got in by the key that was found in the necessary.

Cross-examined by Mr. Gurney. Q. You did not search the prisoner? - A. No.

Q. Did you examine the prisoner's hands? - A. I did.

Q. They were quite clean, were they not? - A. No, quite dirty all over; there were a pair of dies fixed, I found a halfpenny between them, (producing it); it corresponds with the dies.

JOHN WAINWRIGHT sworn.

Examined by Mr. Cullen. I am one of the constables; I went and seized the things at this man's house, I went after the other witnesses; I took these dies from the fly, (producing them); a man was taking them down when I went in; there was a press and fly standing, it is at the door, it is very heavy.

Q. (To Williams.) Have you compared the halfpence found in the bags with that found between the dies? - A. Yes, they correspond.

RICHARD DENHAM sworn.

Examined by Mr. Fielding. I was in the house searching it with the other men, I found the implements which were taken away; I found a farthing in the necessary where the prisoner was taken into, the White-horse in Cloak-lane; I found a farthing, a halfpenny, and the key of the house, the prisoner asked to go backwards; the gentleman suspected he had something on him he meant to make away with; I went and searched the place, the key unlocked the door of the house where the implements were, (the farthing, the halfpenny, and key produced); there was nobody in the house, nor any furniture, only the implements for coining.

JOHN ARMSTRONG sworn.

This is all counterfeit money.

Prisoner's defence. On the 11th of May, I was sent by a man of the name of Richardson, to fetch a bundle out of the house; as soon as I got in, I heard somebody at the window; they asked what was the noise in the house; I said, I was sent to fetch a bundle, that I was to carry to Gracechurch-street; they went away, and I went to take the bundle to the Cross-keys, Gracechurch-street, where I was to leave it; I did not know what was in it.

GUILTY . (Aged 30.)

Confined twelve months in Newgate , and fined 1s.

Tried by the London Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-51

436. JOSEPH ROGERS , FRANCIS WHEELER , and ANN HORN , were indicted for that they, on the 20th day of May , a piece of false copper money to the likeness of a halfpenny, feloniously did make, coin, and counterfeit .(The indictment was opened by Mr. Cullen, and the case by Mr. Fielding.

JOHN CLARKE sworn.

Examined by Mr. Cullen. On the 20th of May, I had a warrant to search Rogers's house; I went in consequence of that warrant; I believe the prisoners had a sight of the officers coming before we entered the house; Rogers and the young woman were up stairs, and Wheeler was in the passage; I ran and caught Wheeler in the passage, I believe he had hold of a key, intending to let himself out at a side door; I gave him to another officer; his shirt sleeves were up, and his hands in a working state; he had no coat on; I then went into the kitchen, to endeavour to go into the cellar; I found the cellar-door, and went to the stairs; it was all in darkness at that time; I came back, and had a candle lit, went into the cellar, found a fly standing, and all the implements for coining; a press fixed, and a halfpenny between the dies in the press; the press was quite in a working state, the oil was running down, I suppose it had been at work within an hour; there was a stool by it; the press is here; I found a vast quantity of halfpence and some blanks, the halfpence corresponded with the dies; we afterwards went up stairs, of which the other officers will give you an account; there was a trouncing sack tied up to the beams of the cellar, in a state to use to shake the halfpence in greasy saw dust, to give them the appearance of age: (The halfpence and sack were produced in Court;) here are some halfpence that have not been in the trouncing sack, of the same die; I found part of two bottles of oil, and a bottle with a piece of candle in it; one of the bottles was in the cellar, the other in the kitchen.

Cross-examined by Mr. Knowlys. Q. The woman was found up stairs? - A. Yes.

Q. She said, she was a servant there? - A. Yes; from the situation of her hands, I am sure she had been at work.

THOMAS PHIPPS sworn.

Examined by Mr. Cullen. I am a constable of Aldersgate ward; I went with Clarke and the other officers; when we went in Wheeler was in the passage; Parratt and I went up stairs; the first person I saw was Ann Horn , in the one pair of stairs back room, sitting on the foot of a bedstead; at her feet was a box with some pieces of halfpence; she was very black and dirty, without her gown; I took hold of her; O says I, this will do; I gave her in charge to Parratt, and went down stairs; I asked for a light, Clarke was on the cellar stairs; he said,

here is a light; I went down with Clarke, and found the dies; Mr. Duris was the next person that came down; I went up into the kitchen to look for another candle, and found a pair of pistols on the mantle-piece; I put them into my pocket, and went down, and shewed them to the officers; they began to take the press down, and I took the prisoners to the Compter; after they were carried to the Compter, I was left in possession of the house; on searching about I found these halfpence, (producing them), under the drawers in the one pair of stairs in the front room; I went down into the cellar, and found this die in one corner of the cellar; the halfpence that were found under the drawers appear to be mis-struck.

Clarke. We found some papers of halfpence made up on the seat of the necessary in the cellar, they have slipt out among the others.

WILLIAM DURIS sworn.

I am another officer: After I had left Wheeler and Horn in the custody of Parratt and Hart, I went into the two pair of stairs room, and found Rogers there; he was with some fowls about him, as though he had been feeding them; I laid hold of him, to bring him down stairs; I examined his hands, they were black; he was dressed in a short jacket; I brought him down into the one pair of stairs, and left him in the custody of Parratt and Hart, and went to the cellar to Clarke and Phipps, they had just got there; there was a stamping press, with a fly on; I took the halfpenny off the die; I found nothing more than has been produced.

THOMAS PARRATT sworn.

The moment Clarke and Phipps entered the house, I went in after them; I went up stairs; the woman was here; she had no gown on; her hands to the elbows were as black as a chimney-sweeper's sack; she seemed to be a good deal alarmed and frightened; they seemed to have been at dinner; I went to a box, and found two five shilling papers of halfpence,and farthings in another place; I asked Rogers, who was the master of the house; he said he was; Rogers said, Wheeler was his apprentice ; Wheeler said, he came from his uncle's to get some money Rogers had borrowed of him, to spend at Bow-fair; the money is all bad.

Cross-examined by Mr. Knowlys. Q. The young woman was up stairs? - A. Yes.

Q. Did not you tell the Alderman that you thought she had gone up stairs to avoid you? - A. No, I did not.

Court. Q. You said they had been at dinner? - A. There was a table and three or four knives and forks, and plates upon it; but there was no victuals.

Q. Did you see her run up stairs? - A. No; but as soon as I entered she ran out of the fore room into the back room, and sat down on the bed.

Rogers left his defence to his counsel.

Wheeler's defence. I have nothing to say.

Ann Horn 's defence. I lived servant with my sister, Mrs. Rogers.

Wheeler and Horn were recommended to mercy by the Jury.

Rogers, GUILTY , (Aged 19.)

Confined twelve months in Newgate , and fined 1s.

Wheeler, GUILTY . (Aged 17.)

Horn, GUILTY . (Aged 14.)

Fined 1s. and discharged.

Tried by the London Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-52

437. THOMAS RAVEN was indicted for feloniously stealing, on the 11th of May , six silver desert spoons, value 30s. and six tea spoons, value 18s. the property of Abbot Green and John Ward , in the dwelling-house of John Ward .

BENSON TRINDER sworn.

I am a pawnbroker, I live at No. 32, St. Martin's-lane: On the 11th of May, in the evening, between six and eight, the prisoner at the bar, who called himself John Clark , offered me these six silver desert spoons to pledge, and said they were his own property; that he lived at No.20, in the Strand, on this side of the way; I knowing the numbers to run the reverse side, it gave me room to suspect their being his property; I asked him again, and he said they were his own; that he lived at a stationer's; I asked him if he would let me go with him to enquire; he hesitated, and said he would tell me the truth; he said he lived with Hoare and Jones, druggists, in Gracechurch-street; still insisting they were his own, which gave me stronger reason to think they were not so; he then offered me this watch and seal, and desired I would give him the spoons back; he offered to give it me in lieu of the spoons, as a pledge; I told him I should not deliver either of them back till I was further satisfied; he then hurried out of the shop, and ran up Tyler's Buildings; I immediately pursued him up the buildings, seized him by the collar, and brought him back into the shop; I sent for a constable, and gave charge of him.

Q. What is the value of the spoons? - A. About 35s. or 36s.

ABBOT GREEN sworn.

I live at Ludgate-hill , my partner is John Ward .

Q. You dwell in that house as well as John Ward? - A. Only John Ward; a constable came to me the 11th of May, and said he came from Bow-street; the prisoner was there, he was my servant . I went into the cellar and searched his box, and found six silver tea spoons, I believe they were the property of me and Mr. Ward; he had just been cleaning a part of the shop where these spoons

were, (the desert spoons produced); I believe them to be our property, but there is no mark.

Cross-examined by Mr. Knowlys. Q. You had this servant from Mr. Darnell's service? - A. Yes.

Q. And had a very excellent character of him? - A. Yes.

Q. (To Trinder). Did he say any thing more where he got the spoons? - A. Yes; when I sent for the constable, he confessed they were his masters property, Messrs. Green and Ward.

GEORGE DONALDSON sworn.

I am a constable; I have some silver spoons I found at Messrs. Green and Ward's, Ludgate-hill, the same evening I took the prisoner, they were found in his box, (produces them).

Mr. Green. Upon two of them there are some marks, by which I know them to be my property, they are worth about 9s.(The prisoner left his defence to his Council.)

Mr. Knowlys. (To Green). Q. He has bore a good character since he has been with you? - A. Yes; I have put confidence in him till this time, and I apprehend he has done it in consequence of a charge from the parish.

- MERSER sworn.

I live at the lower part of Rotherhithe, upon my fortune; the prisoner was in my service three quarters of a year, I have entrusted him with two or three hundred pounds, I would trust him again; I want a servant, and I would take him at this time.(He was recommended to mercy by the Jury.)

GUILTY of stealing to the value of 39s.

Fined 1s. and discharged.

Tried by the London Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-53

438. JOHN PAVIOR was indicted for feloniously stealing, on the 23d of May , a bullock, value 12l. the property of William Collins .

Second Count. Laying it to be the property of Stephen Player .(The case was opened by Mr. Jackson).

STEPHEN PLAYER sworn.

Examined by Mr. Jackson. I work for Mr. Collins: On the 22d of May, I was entrusted to drive some cattle from Mile-end.

Q. Did you commission the prisoner to take care of any part of them? - A. I did not.

Q. Were the cattle marked with a particular mark that you could know them by? - A. Yes; they were marked with three clips on the tust.

Q. That is Mr. Collins's mark? - A. Yes.

Q. You are, what is called, a holder up ? - A. Yes; it is to tie up cattle when they get to Smithfield , when I was tying a particular beast up, there was the watchman had got hold of this man, I was tying the beast up, about twelve at night, I lost a bullock, I sent two men after it, one was Faulkner and the other Waring; they brought it back about an hour after.

Q. Was it one of those you had brought from Mile-end? - A. Yes.

Q. You are perfectly certain this is one of the beasts you brought? - A. Yes.

GEORGE DEGRANGE sworn.

Examined by Mr. Jackson. I am a patrole in Chick-lane; I sat in my box, I heard a bullock come down, and somebody coming after it, between one and two o'clock, it was a month ago last Monday; I looked out and saw the bullock, and a man coming, and I thought the man did not drive it as if he was driving it right, he did not go after the bullock as if he belonged to it, he did not wish to turn it, that made me stop him.

Q. Was he driving it fast or slow? - A. Pretty fast down Chick lane, from Smithfield; I knew he had no business to drive it that way; I drew my cutlass and ran after him, I called out to a man below, stop that man, and he called out, stop that bullock; I said, never mind the bullock, stop the man, the other watchman let the bullock pass him, and stopped the prisoner; we jumped on the man at once; I said, there is a number of false badges, let me look at your badge; they are numbers they wear on their arm, granted by the Lord-Mayor, the watchman looked, and said, that is a false badge; I said, who do you work for, and he said, Stevy Player , so accordingly I said, if you work for Stevy Player, go along with me, it is very well, if you don't, I will take care of it; I called another watchman to go with me for fear he should be rescued; I took him as far as the Three-tuns, and there I stopped, and said, I would go to Stevy Player; there was a man with a drove of beasts, he said, that is the man I work for, I asked the man if he did, he said, yes; I asked the man his name, he said, Porkey.

Q. Had you asked the prisoner his name? - A. Yes; he said his name was Porkey; I said, then you are brothers, are you, and the other man said, no; with that I said, I thought you were brothers, being both of a name; the prisoner then made off, my partner and I ran after him, he ran among the beasts two or three times, and dodged me; I met him, and then he had a hedge-stake in his hand, and made a stroke at me with it; I made after him again, and met him again, and he struck at me him, my partner has the badge, we let the beast go, we did not take any further notice of it.

ROBERT BURNEY sworn.

Examined by Mr. Jackson. I am a watchman: On Monday morning, about half after one, I heard a bullock coming down, I saw the prisoner driving

Q. Was he driving it in the usual way? - A. He was poking it with a stick in the flank, the hinder part, the beast ran, and he after it, as fast as they could go.

Q. Did he try to turn it? - A. No; he drove it strait on, I lost sight of it in Chick-lane; I heard George Degrange call to the watchman below to stop the man.

Q. That was a watchman beyond you? - A. Yes; I saw Degrange and this man come up the lane together; Degrange asked the prisoner his name, he said, it was Porkey; he asked him who he worked for, he said Stevy, no other name; we went with him to a man, who said he worked for him.

Q. Did you go to the man he pointed out, as the man he worked for? - A. Yes; while Degrange was speaking to that man, he ran away.

Q. That man said, he did work for him? - A. Yes; the prisoner ran away, and went round the penns, I ran after him, and took him.

Q. Do you know a true from a false badge? - A. No; I have the badge in my pocket; going along, he slipped it below his elbows, then he said, we had stole his badge, I said, no, we had not, your badge is on your arm; when we came to the watch-house door, he slipped it off and dropped it, I picked it up.

JOHN KEENE sworn.

I am a watchman in the parish of St. Andrew's, Holborn; at half after one o'clock, this bullock turned down Field lane, it came out of Chick-lane, she ran as fast as legs could lay her to the ground, I stood up against the door with my lanthorn till she got past me; I went on again towards Chick-lane, a patrole called out to me to stop the prisoner, with that I stopped him; I told him that he had got a false badge on.

Q. Do you know the badges? - A. The true badges are iron and yellow, and black letters; this is tin, and blue and yellow.

Q. Do you know so much, as to know that the City grant none of this kind? - A. I have been so long there, I have seen many of them.

Q. Are you accustomed to see cattle drove from Smithfield at that hour? - A. I have seen them frequently after twelve o'clock; he was taken by the patrole with the badge on his arm from me.

Q. (To Player.) Did you go by the name of Stevy in the market? - A. Yes.

Q. Did you ever employ the prisoner? - A. I did not employ him that night; I know him.

Q. Do you know these badges? - A. These are the badges we used to wear about two years ago, before the new ones came up.

Q. Are you allowed to wear those badges? - A. Yes.

JOHN PRITCHARD sworn.

I am the watchman of Bartholomew the Great: On the 23d of last May, about half past one o'clock, walking backwards and forwards from my box, in Long-lane, I heard "stop him, stop him," and heard the found of a rattle; I ran up, and saw the prisoner scuffling with the watchman; I asked him what was the matter; he said, nothing was the matter; I laid hold of his collar, in Smithfield; I said, if he was not guilty, he should come and clear up the matter; he would not go, he had hold of the rails; Degrange came up, and we took him to the watch-house; going to the watch-house, he said, he had lost his badge; I found it on his arm; when we came to the watch-house, he dropt the badge.

JOHN FAULKNER sworn.

I am a drover in Smithfield: I first saw the prisoner in the market with the beasts, in the night of Sunday, and Monday morning.

Q. Was it last month? - A. Yes.

Q. Do you know what part of last month? - A. I cannot recollect; I look upon it to be five weeks, or a month ago, about half after twelve; I am employed by Stevy Player, to assist him to tie the beasts up; he said, he had lost a bullock, I went after it; I heard it was gone up Holborn; I found it in Chancery-lane, it had Mr. Collins's mark, three clips on the near rump, that is, what they call the tust; I brought it back to Smithfield.

Q. Did you see him among your master's cattle? - A. I do not know that he was.

WILLIAM COLLINS sworn.

I know nothing about the loss; I sent some bullocks to Smithfield on the 22d of May, they were marked with three clips on the lest tust.

Q. Was any bullock brought back to you as having been lost? - A. I don't know; my beasts were all right when I came to market; the beast I was informed that had been taken away, was sold for better than twelve pounds.

WILLIAM REYNOLDS sworn.

I am a watchman of St. Sepulchre's: I saw John Pavior come out of the drove with the beast, between one and two o'clock in the morning, the 22d or 23d of last month, a month ago; I saw him drive it out; they were standing to be tied up.

Q. Do you know whose drove he was hunting it from? - A. No; I saw him bring a bullock from among the rest, towards Chick-lane.

Q. Do you mean driving it? - A. The bullock went as last as ever it could go; he was behind it, driving it; he drove it across Cow-lane, and then drove it back by me again; he stooped as he passed me, and drove it down Chick-lane.

seeing him? - A. Yes; I went after him, and lust sight of him and the beast; I did not see it afterwards.

Prisoner's defence. I was going out that night to work, I am a shoe-maker by trade; I went to Smithfield-market to get employed; I went to Stephen Player, he said he did not want any body that night; I went to the Golden-cross to have a pint of beer; going by Cow-lane, I saw this bullock running away, I went after it, and called to the watchman to stop it, he would not, but stopped me.

For the Prisoner.

ANN PRICE sworn.

I know the prisoner, and have trusted him with silver and gold cases; I never found any thing but honesty by him.

Court. Q. How long ago is this? - A. Four years; I have known very little of him sice.

SARAH HARDY sworn.

He is a very honest lad, I have known him three years; my husband is a taylor, he used to work for his father and mother; I never knew any harm of him.

Mr. Jackson. Q. Have you happened to know him the last three years? - A. Yes.

Q. Where has he resided the last three years? - A. With his friends, in Long-lane.

Q. Has he uniformly resided there? - A. Yes.

Q. Has he never been absent? - A. Not to my knowledge.

Q. And that you swear? - A. Yes; I have seen him in Smithfield too.

Q. You mean to swear he has resided in Long-lane these last two years? - A. To the best of my knowledge.

Q. Do you mean to swear he has not resided any where else - A. No.

ELIZABETH GREEN sworn.

I have known him from the time he was in long petticoats, upwards of twenty-three years.

Q. Do you know any thing of his way of life these last two or three years? - A. Yes, to this day; he is a very worthy honest lad.

Court. Q. What is he? - A. A shoe-maker.

Q. Does he work at that business? - A. Yes; the gentleman, which was his master, was here Wednesday, Thursday, and yesterday.

Q. Where has he resided the last two or three years? - A. with his firends.

Mr. Jackson. Q. Can you take upon you to swear he has lived at home the last two or three years? - A. No where else in his life-time, setting aside three years that he was with his aunt at Oxford; I have kept a house in Aldersgate-street twenty years.

Q. Will you swear that the last four years he has lived at home? - A. Yes.

JAMES WARING sworn.

I am seventeen years of age, I am a drover; I know no further of the prisoner than his using Smithfield of market nights, and he hanged round, our beasts the night we lost the bullock; I am servant to the prosecutor; our bullock was lost, and I, and another young man, went after it, and we could not hear of it; the watchman at the corner of Carey-street told us it was just before us, and I had a little dog caught the seent of it, and it turned up Leather-lane, and went as far as St. John's-street Turnpike, and then it was turned back, and went to our own yard; and I did not know whether it was our beast or not till next morning.

GUILTY . Death . (Aged 24.)

Tried by the London Jury, before

The LORD CHIEF BARON.

Reference Number: t17960622-54

439. EVAN JONES was indicted for feloniously stealing, on the 26th of May , 3lb. of soap, value 1s. 6d. the property of Benjamin Wood , Evan Pugh , and William Wood .

EVAN PUGH sworn.

I am a soap-boiler , I reside in Bishopsgate-street , in partnership with Benjamin Wood and William Wood; the prisoner was my servant , and had been ten months; I stopped him in the gateway with the soap in his possession, secreted within his smock frock; I told him he had some soap in his frock, and he produced it immediately and hoped I would forgive him; there were three pieces of soap which weighed 3lb. the value 1s about 2s. 6d. I knew the soap immediatley, we were cutting up a boil of soap at that time; I compared it with the boil of soap at that time; I compared it with the boil of soap we were then cutting up, and it corresponded immediately.

Q. Did you tell him it would be better for him to confess? - A. No, not a word; I have not the smallest doubt of its being mine.

ROBERT DAVIS sworn.

I am servant to Mr. Pugh; the prisoner was making himself ready to go to his work; the men were going to load the cart at the door, I went with them; as soon as the prisoner saw us all together, he went up into his room, and I suspected that he had taken some soap up stairs.

Prisoner. I leave my defence to my country.(Five witnesses were called by the prisoner, who gave him a good character for honesty and industry.)

GUILTY, (Aged 32.)

Confined three months in Newgate , and fined 1s. (He was recommended to mercy by the Jury .)

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960622-55

440. PETER WARRINGTON was indicted for feloniously stealing, on the 6th of June , a pound

Mr. Bolt is a wharfinger , I am a gangsman on the quays: I detected the prisoner on the 6th of June; I saw a number of soldier s standing round a vat; I stood upon the wharf, and in consequence of an information I went round to see if I could detect the man, and when I came round these men the prisoner had got his right arm in the vat, which contained a quantity of yarn, the property of some merchants; it had been there some time; I took hold of him with his right arm in the vat; he said he had got none; but I had observed him several times draw his arm out before I came up to him; and I looked under his coat and observed a quantity tucked under his coat; I immediately called for assistance, and sent for an officer; the vat was broke open; it appeared to have been cut by a knife, but I did not see the man do it; it is a very common thing for goods to lay upon the quays.

Q. Do you know this to be a parcel of any yarn that was in the vat? - A. I am certain of it; I compared it, and it is the same kind of yarn exactly; I stood behind him a considerable time before I took hold of him, and saw him draw something out of the vat several times, and tuck under his coat, thought I did not see that it was yarn.

Q. This is of very trifling value, I suppose? - A. The value is not more than 2s. but the object of Mr. Bolt in prosecuting, is, that we are repeatedly harrassed.

WILLIAM WELCH sworn.

I am a constable upon the quays; I was sent for to take charge of this man, (produced the yarn), it was delivered to me by Mr. Walker.

Walker. This is the yarn that I delivered to the constable; that in the vat was of the same quality.

Prisoner's defence. I was coming across the wharf, and a great many people were standing by this vat; I was intoxicated in liquor, in passing through these people some of them hit me upon the head with this yarn, and told me it would serve my wife for a mop; and I told them to take it themselves, and then I was laid hold of; it is the first time I ever had any thing laid to my charge; my master has been waiting here ever since Wednesday morning, that I worked for four years; and my serjeant, that I have been in the regiment with six years, but we did not expect the trial to come on after six o'clock.

GUILTY , (Aged 22.)

Confined one month in the House of Correction , and fined 1s.

Tried by the London Jury, before

The LORD CHIEF BARON.

Reference Number: t17960622-56

441. JOHN M'CULLY was indicted for feloniously stealing, on the 7th of June , half a pound of Spanish wool, value 1s. the property of James Irvine .

JAMES IRVINE sworn.

I am servant to Mr. Thomas Paine , goldsmith's porter: On the 7th of June I lost some Spanish wool, my property; I had it in a cart going to the Bull Porters at the Steel-yard; I saw the prisoner at the bar taking it out of the bag, and detected him taking it out on the quays; I am paid for seeing it safe, and if I lose any I am answerable for it;

Q. Did you open the bag? - A. I cannot say; but I saw him taking it out.

Q. Did he take out as much as the value of a shilling? - A. I think it must be as much as that, but I cannot say; he put it in his breeches; I took it from him.

JOHN TAYLOR sworn.

I am a custom-house surveyor: I saw the prisoner take this wool out of his breeches; I held him while they hand-cuffed him; it was given to the constable.

WILLIAM WELCH sworn.

(Produces the wool); it was delivered to me by the clerk of the wharf.

Q. (To Irvine.) Who is the clerk of the wharf? - A. I don't know; I gave it to John Taylor .

Taylor. I cannot tell whether I gave it to Irvine or Welch.

Welch. It is impossible for me to say whether this is the wool or not, because it has been in the hands of the constable ever since; it looks like it, but it is impossible for me to swear to it.

Prisoner's defence. I have nothing to say, but leave it to the mercy of the Court.

(The prisoner called his sergeant, who gave him a very good character for honesty.)

GUILTY . (Aged 22.)

Confined one month in the House of Correction , and fined 1s.

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960622-57

442. MARY PRICE was indicted for feloniously stealing, on the 4th of June , ten yards of linen cloth, value 5s. the property of William Tyler .

WILLIAM TYLER sworn.

I am a butcher in Aldgate High-street ; I had at times lost various articles of wearing apparel; the prisoner was my servant ; her conduct did not please me, and I discharged her, paying her a month's wages; this was on the 4th of June, Mrs. Tyler was out of town, and it lay with me to discharge her; she applied to me for her wages, I paid her; she asked me if I would look at her box, I told her most undoubtedly I should; she immediately went

into the kitchen, took a candle, and was going up stairs; I immediately followed her; I passed over her things promiscuously, till I came to a piece of catgut, and a tucker sticking out at one corner of it; I charged her with dishonesty in taking it; she said, it was her's I said, if she would take one thing, she would take more; accordingly I came to a flannel petticoat of her's; I asked her what was in that; she said, her dirty linen, and seemed to speak of the indelicacy of my opening it; I said, never mind, let me see whether it is or not; she hesitated about the indedency of it, and refused to open it; I opened it myself, and in the petticoat there were ten yards of my cloth, or there abouts, I had 150 yards up in the garret; it was bought for a purpose which it did not answer, and it was useless to me; I know it to be mine, by having that quantity of cloth, and upon comparing the piece that was cut of, it matched exactly; there had been some cut off, but I cannot say how much, but this matches exactly with this piece, which I had at home, (producing it); they are both shewn to the Jury.

Cross-examined by Mr. Knowlys. Q. This is a castoff thing? - A. No, it has never been made use of

Q. She was particularly desirous that you should search her box? - A. No.

JOHN LEVIER sworn.

I am a constable: I had this piece of linen from Mr. Tyler, and took the prisoner into custody.

Prisoner's defence. My friends are gone home some time ago, not thinking the trial would come on; my master took my money out of my pocket, and he has got duplicates of mine of things that have been out of date a great while, belonging to me now.

Mr. Knowlys. (To Tyler.) Q. Did you not receive a very good character of her from her last place? - A. We had a character, but not from the last place, I believe.

Q. Do you know Mrs. Shallcross? - A. No; Mrs. Tyler had a character with her, but she is now indisposed and out of town, and therefore I found it a very unpleasant business.(The prisoner called three witnesses, who gave her a good character.)(She was recommended to mercy by the Jury, on account of her good character .)

GUILTY.

Confined one month in the House of Correction , and fined 1s.

Tried by the London Jury, before

The LORD CHIEF BARON.

Reference Number: t17960622-58

443. ALEXANDER COLESWORTH was indicted for that he, on the 14th of June , was found feloniously at large, without any lawful cause, before the expiration of the term of seven years, for which he was ordered to be transported .

THOMAS SIMPSON sworn.

I am servant to Mr. Kirby; I was present when he was tried here on the 17th of May last, for stealing a stocking breeches piece; I am perfectly sure he is the man; he came into gaol on the moving day, the Thursday preceding the sessions; I am sure he is the man.

JOHN OWEN sworn.

(Produces the certificate of the conviction of the prisoner); I received this from Mr. Shelton; I saw him sign it, (it is read); the prisoner made his escape out of the gaol, I don't know of my own knowledge in what way, on Sunday the 5th of June, their did not appear to be any violence done to the gaol.

JACOB COWEN sworn.

I am an officer of Portsoken ward: On the 14th of June, at a quarter past two o'clock in the morning the morning, the prisoner was given in charge to me by Hopgood, the watchman, for an attempt to break a house open; I found this in his pocket,(producing a mortice chissel,) and I took him to the watch-house; he ran away from the watch-house, and ran down the Minories; he was retaken in my presence, and committed to the Compter; I am sure the prisoner is the man.

GEORGE SMILEY sworn.

I am a constable and street-keeper in Aldgate High-street; I was in the watch-house when the prisoner ran away; I pursued after him down the Minories, and assisted in taking him.

THOMAS HOPGOOD sworn.

I am a watchman: I apprehended the prisoner and delivered him to Cowen, and he went with him to the watch-house; I found the prisoner the corner of George-yard; I was going to cry the hour of two; I had seen two or three men peeping about some time, I heard them go backwards and forwards, and instead of calling the hour of two I called one of my partners; and when I came down to this place this prisoner was at the window, and I took hold of him, and took him to the watch-house; he had the chissel under his coat, he dropped it before he got to the watch-house; he made a resistance to get away; and when I had got him to the watch-house, I went back and picked up the chissel and gave it to Cowen; he tried all he could to get away; he got hold of my stick, and endeavoured to wrench it from me by force; I threw him on his back, and dragged him into the watch-house by force.

Prisoner. Was not there another young man that owned to throwing down the instrument? - A. Yes, his own brother; but I am sure it was the prisoner that threw it down, and no other.

Prisoner's defence. They say I was the person that escaped from goal; I was at my aunt's, at Laytonstone, and never came to town till this night; I came to enlist in his Majesty's service, which I did; the serjeant measured me, and did not approve of me, I was knock-knee'd, and not fit for the service, and I had no money; I dare say it was twelve o'clock when the serjeant came home, and then I went with an intent to enlist in one of his Majesty's ships upon Tower-hill, and they said it was too late, they were going to shut up; I had no lodgings to go to, and I walked about till this gentleman apprehended me; as to this instrument, I am as innocent of as a child unborn, and I hope your Lordship will recommend me to mercy.

I work at the Shot-house, on the other side of the water; the prisoner was a lodger in the same house with me, No.3, Little Elbow-lane, Thames-street , the house belongs to Edward Evans : On Thursday, the 16th of this month, I was all night watching Mr. Lancaster's property on the water, some shot and lead, at Bank-side; I went on duty at nine o'clock, I watched all night, and worked the next day; and in the morning, about half past six, notice came that my box was broke open, it was in the two pair of stairs room; I saw it on the Thursday night, and locked it, all the articles mentioned in the indictment were in it; I went home immediately, and pursued after the man; I saw the goods again that day about ten o'clock, they were taken from the prisoner; the constable brought them to me, and took them back with him; his name is Wainwright.

Cross-examined by Mr. Knapp. Q. How many lodgers are there in there in the house you lodge in? - A. I believe there are six, all of them men lodgers.

Q. Does Mr. Evans live in this house himself? - A. Yes.

JOHN WAINWRIGHT sworn.

Last Friday morning but one, the 17th of this month, Mrs. Evans came to me, I got up immediately; she told me she had been robbed; I went with her to a private house in Fryar's-alley, and searched the house; I went up as far as I could go, and found the prisoner at the top of the stairs, he was standing upon the stairs with a bundle upon his knees; I brought him down stairs, and Mrs. Evans said, that was the man that had lodged with her, and that that was the property that had been taken from her house; after that I saw the property examined, I searched him, and found in his pocket a pair of shoes and buckles, and various articles, and a watch in his breeches pocket; he said, it was not his, it belonged to Harper, and the clothes he was dressed in; he had on a coat, waistcoat, shirt, breeches, and stockings, belonging to Harper, he told me they were his property; Harper was sent for, he was a long while coming, and I took him to the Compter; these are the goods, (producing them).

Cross-examined by Mr. Knapp. Q. How far is this house from where Harper lodged? - A. About four hundred yards.

Q. And when you went to him, he told you immediately that all these things were Harper's? - A. Yes; he readily acknowledged it.

Harper. This is my watch, I know it by the chain and seals, and maker's name; here is a black kerseymere waistcoat, and a pair of nankeen breeches, three shirts, one coat, a pair of black velveteen breeches, a piece of printed cotton for a gown, a pair of nankeen breeches, one pair of stockings, four muslin neck-handkerchiefs, and two cotton waistcoats; they are all my property.

Court. Q. What should you expect for all these things, if you were to fell them? - A. I should suppose, about six pounds.

Mr. Knapp. Q. All this property was taken upon the prisoner about four hundred yards from where you lodged? - A. Yes.

Q. What time did you receive information that you had been robbed? - A. Half past six in the morning.

Q. Do you know what time the prisoner was apprehended?

Waimwright. About half past six.

Mr. Knapp. Q. He had an opportunity of getting much farther than that if he would? - A. Yes.

ANN EVANS sworn.

I am the wife of Edward Evans ; the house that Harper lodges in is my husband's: On Friday, the 17th of this month, I was getting up about a quarter after five in the morning to washing, my husband

is a porter at the Leather-doublet, in Thames-street; there was somebody going out, and I asked who it was; and he said, John Saunders ; I heard him, but did not see him; I went up stairs for Harper's linen to wash, and found his box broke open, and lying upon his own bed; I then picked it up, and looked at it, I saw the hasp broke off the lock; I saw there was nothing in it, and I ran down stairs, and went to his acquaintance at the back of the Fox-and-goose, about three or four hundred yards from my house, and I asked her for John Saunders ; she said, she did not know any thing of him, she is a lodger there; I insisted that he was there; and then she owned, that she had been and let him in, and she said he was gone again; I said, I knew he was there, and would not leave the house; my husband came down to me, and staid there while I fetched Wainwright, and he and my husband went up stairs, and brought the prisoner down stairs into his acquaintance's room, with Harper's apparel upon him; and then he resigned the things up, and said, they were Thomas Harper 's which he had on; and Wainwright stripped him, put on all his own things, and he was taken to the Compter; he had lest his own breeches upon his own bed.

Prisoner's defence. I leave it to the mercy of the Court. GUILTY . Death . (Aged 24.)

Tried by the London Jury, before The LORD CHIEF BARON.

Reference Number: t17960622-60

445. RICHARD APPLETREE , ELIZABETH APPLETREE , JAMES BROWN , DANIEL REYNOLDS , and ELIZABETH PADGET were indicted for that they, on the 8th of June , a piece of base metal, counterfeited to the likeness of a shilling, did feloniously, falsely, and traiterously forge and coin .

Second Count. Charging them with feloniously, and traiterously coining a sixpence in like manner.(The case was opened by Mr. Cullen.)

JOHN ARMSTRONG sworn.

On Wednesday the 8th of June, I went with a search warrant to a house, No. 29, Rose-lane, in the parish of Christ-church , about eleven o'clock, or a few minutes after, in company with Wray, Blackiter, Ferris, and Peach, officers belonging to the Police Office, Shoreditch; I sent Peach and Ferris to get to the back part of the house, which they did; I, Wray, and Blackiter went to the front, I knocked at the door, staid there a minute or two; the venetian shades were down, that we could not see any thing in the room, and the door was opened by Appletree, in his shirt sleeves, without a hat, he had then in his hand a piece of bread and cheese, I believe, for I saw him put something in his mouth; I saw the confusion that he appeared in; says I, I have a warrant to search this house, take care of that man; in turning into a-room on the right hand side, the back room, there was Reynolds and Brown, they were secured with their shirt sleeves down, without a hat, and without a coat, all the three men; there was a front room and a back room, and whether both the women were in the back room at one time, or in the front, I cannot tell at that time, because our object was to secure the men; I believe Mrs. Appletree was in the back room where the men were, and Mrs. Padget in the front room; the men being secured, there was a cellar, I went down stairs, and there was a dirty blanket that had been thrown up, which, when it was dropped down, would serve for a curtain, but that was drawn up, so that we could see into the cellar; it dropped opposite the stairs, it was then chucked up, when it was dropped, it would conceal the cellar; there were candles-light in the cellar, and I saw a cutter and a fly-press, upon which I left all that cellar to the care of Blackiter and Wray; I came up stairs again, I then began to search the back room, where two of the men prisoners were apprehended; I found in a cupboard below, in that room, these blanks, (producing them), which are edged and rubbed.

Court. Q. What do you mean by edging? - A. To take the rough edge off; and here are some unedged, (producing them).

Mr. Cullen. Q. These blanks are for shillings? - A. Yes; I found on the table, in the same room, this blank (producing it), lying with a bit of sand paper over it, begun to be rubbed, and the sand paper was lying over it, with these three or four sixpences, which appear to be damaged, and were lying on the table; in the drawer, in the same table, I found a quantity of blank sixpences, which are in the possession of Ferris, who will produce them.

Q. Did you observe the edge of the table? - A. It was rubbed, but we have the drawer here, which Mr. Ferris will produce; I found these scales in a cupboard in the same room, with these blanks in them, which are not in so finished a state as those that I produced first; and upon a table in the room where Mrs. Paget was, I found these blanks tied up in a handkerchief and in this paper, which Mrs. Appletree said was her handkerchief? these are blanks just cut out, neither the edge nor the surf of the copper taken off at all; I then had them secured; I went up stairs, and in the two pair of stairs front garret, there was a turning lathe fixed complete.

Q. What is the use of that lathe? - A. To round the edges of metal; in that room were these two bowls with blanks, which appear the best part of them to be edged.

Q. These bowls of blanks, are they for shillings too? - A. I have no doubt, in my mind, that they are to be made into shillings with colour; in searching these blanks, I found three that bear the impression of the saint head of a shilling of King William's, (producing them).

Q. Do you think these are blanks for shillings? - A. I think by the head on them, that they are for shillings.

Court. Q. Why do you suppose it is rather the head of a shilling than the head of a halfpenny? - A. Because I have compared halfpence with them, and have never seen any like it; in the room where the lathe was, there was a narrow weaver's loom, but nothing appeared from that, that it had been used lately; I have seen many, it was fixed in the front of the window, and the lathe at the back part against the wall, so that it had all the light of the window upon it; the loom was very dusty, it did not appear to have been used lately.

Court. Q. Was there any kind of webb, or any thing of that sort in the loom? - A. The work had been cut out, and the hand-roll was loose, and the work too, there was silk in it, but not in that form a weaver's loom is when at work, the hand roll had been let go to cut that work that had been formerly made, but nothing appeared to have been used that day at lead.

Q. Did you observe whether the loom and the lathe were fixed in such a manner, as to allow the persons at the opposite room to see the lathe? - A. No; they could not, on account of the loom.

Q. Did you observe any thing else that looked like the carrying on of weaving? - A. None; in the back carret, there was a vice which is used to bend any thing, a common standing vice, it stood against the edge of the back window frame; in the one pair of stairs room, that was empty, except some clean saw-dust.

Q. What is the use of saw-dust in the coining of silver? - A. The clean saw-dust is used, if they rub them dry, because, if it was greasy, it would make them appear too black; for the halfpence, it is always oiled, but for silver it is always clean, and to keep them from scratching in the manner they would, if they were put in any thing else. I then came down stairs again, and going into this front room, I desired Mrs. Appletree to let me search a box in that room, she gave me the key, and I did search in that box; I found these, I think there are forty six finished shillings, and I scratched one, by order of the Magistrate, to shew whether the metal looked like this in the rough; in that same box, I found some farthings coloured, and these halfpence in that same box, (producing them), and in the same box a pair of blank dies for cutting out the blanks; there is no impression upon them; I then searched a cupboard in the room that we went in first, and in the bottom of that cupboard lay these two cloths(producing them); this had received some liquid of some kind, here is what I scraped off of one, Producing it); that I did in the presence of Mr. Wife; when rubbed, at the time they were apprehended, produced one of these blanks to the colour of silver; I did it by the order of the Magistrate; it was then wet, it is now dried.

Q. The cloths were moist when you tried them? - A. Yes; from the person of Mrs. Appletree, I took this half-crown, (producing it), it was in her mouth; I desired her to pull it out, which she did; it is a bad half-crown; the prisoners were then secured, and I saw all these things brought out of the house.

Q. Did you find a cutting engine? - A. Yes;(produces it), I saw it in the cellar, but left Wray and Blackiter in possession of it; they will tell you all about it; the use of it is to cut out blanks.

Q. Did you observe any particular smell in the house? - A. Yes; I told the officers of it immediately; in the bottom part of the house was a smell which wherever there has been coining going on, it is like it; the windows were secured with a gimblet in one, and a piece of an iron candlestick in the other, and the door was locked.

Court. Q. What sort of smell is that? - A. Where any kind of aqua fortis is used, it will immediately throw such a smell that the persons going in directly may catch hold of it.

Q. Did you observe the hands of the men? - A. Their hands were as if they had recently been at work, very dirty, and they themselves in a heat without their hats or coats.

Court. Q. What kind of dirt? - A. As if they had been handling of metal; as for the women, I did not, till after we had been a long time there notice any thing about their hands; I cannot tell whether they had any thing to do any otherwise than their ordinary business; there was no kind of resistance from the men or women, and nothing but the greatest civility from all the prisoners that we could with for.

Q. Did you ask whose house it was? - A. Yes; Appletree said, that was his wife, and hoped we would leave her there; I believe he told me, he paid a guinea a month, but his landlord is here; the landlord came into the house while we were there, and wanted us to persuade Appletree to give up the key; and it was during that conversation that I think he said he gave a guinea a month for the house.

Q. Was there not another woman in the house? - A. Yes, the servant maid; she was discharged before the Magistrate.

this house, that you perceived? - A. None, but that loom up stairs; Mr. Appletree said before the Magistrate -

Mr. Knowlys. Q. Was not examination taken in writing? - A. I believe not.

Q. Was not your examination taken in writing? - A. No.

Q. The clerks were there for the purpose of taking examinations, were they not? - A. Yes; they took the examination from the witnesses.

Q. Do you mean to say, they did not take the examination of the prisoners likewise? - A. I do not know that they do; they did not of these prisoners in writing, to my knowledge.

Court. Q. What was it you heard him say? - A. When I was producing the blanks and counterfeit shillings, he said, they were for whip handles.

Cross-examined by Mr. Knowlys. Q. From the appearance of the women there was nothing by which you could collect that they had been doing any thing more than the ordinary business of women about house? - A. Nothing more.

Q. I believe Mrs. Padget, at the time you came in, was employed in dressing the child? - A. After I had been in, she had a child, and the mother had a child; I did not see any one act done by the women but going in and out.

Q. Each of them had a child? - A. Yes; Mrs. Padget is mother to Mrs. Appletree.

Q. Upon your asking for the key of the box, Mrs. Appletree gave it you very regularly? - A. Yes.

Q. With respect to this loom, there had been evidently work there? - A. There was some silk in it.

Q. Reynolds is a weaver , is not he? - A. Yes.

Q. And the loom was placed so as to receive the front light? - A. Yes; it must be so for weaving.

Q. The right way in which a loom ought to be placed for the purpose of working it? - A. It is.

Q. Weavers work very often without their coats? - A. Yes.

Q. These blank dies are much too large for coining either a shilling or sixpence? - A. Yes.

Q. With respect to this stuff that you scraped off, have you the blank upon which you made that experiment? - A. No; it was kept by Mr. Wife; I do not know where it is.

Q. You don't know how long it keeps its colour? - A. No.

Mr. Cullen. Q. Were his hands in a condition that you would have expected from a weaver? - A. No; and his coat and hat were in the room below, where he was taken, and not up in the room where the loom was.

WILLIAM PEACH sworn.

I am an officer: On Wednesday the 8th of June, I went to Rose-lane, with four other officers; before me not to the house we separated, Ferris and I to the back part of the house; and after we had been there seven or eight minutes, I observed two men with their sleeves up in the house, that we stood at the back of; they were in the room where the silver was; I saw one of them take up a paper parcel, as if he took it off the table; he came in sight of the window, and both of them began to put down their shirt sleeves; (produces a paper parcel with a great number of unfinished sixpences); I then said to Ferris, we are right, I dare say Armstrong has got into the house; then we got over the wall on the inside; I dare say it was nine or ten feet, and not above four or five on the outside; the back-door was open, we went in; Armstrong had the three men in custody, and this paper parcel, which I believe was the one that I saw in the hand of one of them, I can't say which, I went to the cupboard, and found these sixpences unfinished in this paper parcel; in the same cupboard where I found that paper parcel, on the left side of the fire-place, I found this, but I can't say what it is, (produces a hard white substance); I cannot say whether it is arsenic or not; and in the same room I found this blacking pot, with this blacking in it.

Court. Q. A common blacking-pot that they black those with? - A. Yes.

Mr. Cullen. Q. Do you know that blacking is used in the coining of silver? - A. Yes; to take off the brightness after it is finished; in the front room, upon the same floor, this bottle was found by Armstrong, in the presence of Mrs. Appletree and me; he gave it to me and said, he had a cold, and wished I would smell it; Mrs. Appletree immediately said, it is nothing but a small beer bottle; when I smelled it, I found it was not small beer, it was aqua fortis; to be further convinced I put some in my hand, and I called Armstrong to witness it; it is not all out of my hand yet, it comes off with the skin; (the bottle handed to the Jury.)

One of the Jury. It is certainly aquafortis, my Lord, there is no doubt about it.

Peech. I came away with the rest of the officers; I saw every thing brought out of the house.

Cross-examined by Mr. Knowlys. Q. Do you know any thing of the trade of button-making? - A. I cannot say; I never saw any body make buttons.

Q. They must make use of a cutting engine? - A. I cannot say.

Q. And a lathe? - A. I cannot say.

Mr. Cullen.) Q. Did you ever see any buttons with the head of the King upon them? - A. Never in my life.

RICHARD FERRIS sworn.

I went with the rest of the officers to this house in Rose-lane, with Peach, to the back part of the premises; after some time I saw three men in the back-room; they came from the right hand part of the room, and went to the left towards the cupboard,

when he came back I perceived it was Reynolds; I had known him some time; I said to Peach we were right, and I got over the wall and went into the room; just before I got over I saw Reynolds and the others pulling down their shirt sleeves; then I went in; Armstrong was there, and we secured the prisoners; there was a bed in the room upon the ground, just behind where the three men prisoners stood; this half-crown lay upon the bed, it is a bad one; I then searched the room, there was a table on the right hand side of the room, and on the table was this dirty blanket; then I pulled open the table drawer, (producing it,) and found two parcels of unfinished sixpences, two pieces of cork for rubbing them to make them smooth, seemingly used a great deal; a great deal of scowering paper, and the drawer of the table is wore away at the edges where they rub them to make them smooth; some files, and several plates of base metal, I believe, for cutting half-crowns, and some file-dust and cecil, corresponding with both sixpences and shillings; I found in a cupboard two dies, one appeared to me to be for half a crown, another for a shilling; I found this paper of blanks (producing it,) in Reynolds's pocket.

Cross-examined by Mr. Knowlys. Q. These plates of metal may be for the purposes of cutting out buttons, or any other round pieces of metal? - A. Certainly.

JOHN WRAY sworn.

I was in company with the rest of the officers, Armstrong and Blackiter; I went to the front door, after knocking a minute or two, the door was opened by Appletree; we went into the back room, and there were the other two men at the bar; we secured them; I then went to the cellar-door, which I opened, and went down; there was a cloth which is here, hanging before the cellar; there was a large press fixed, with a candle on each side a-light; I then turned myself round upon my left, and there I saw a cutting press fixed, which is here; there was a piece of candle and a candle stick fixed at the cutting press, but it was not a-light; I found these pieces of cecil on one side of the cutting engine, and these plates on the other; I found a great quantity of copper blanks in the cellar for half crowns,(producing them.)

Q. Did you observe the cutting engine? - A. Yes; I observed the cutter in it, and compared it with some round blanks for sixpences which I found near it, and they corresponded exactly; I then went to the large press, and there was about five pair of dies by the side of the stamping press for halfpence; one pair was fixed in the press; I found a large quantity of blanks and a few halfpence struck, (producing them,) and some mis-struck heads for shillings, (producing them.)

Q. Did you find any thing between the dies? - A. I found a halfpence, (producing it); I compared it with the dies, and they matched exactly.

Cross-examined by Mr. Knowlys. Q. The dies that you found fixed, were dies that would stamp nothing but a halfpence? - A. No.

Q. And they were exactly fixed as if they had been at work? - A. Yes; it appeared so.

Q. Though you found several other dies near this press, which, from the candle, you judged had been at work, there were no dies for either shillings or sixpences? - A. None.

Q. And that appeared to have been at work from the candle, and that sort of preparation? - A. Yes;

Q. I suppose you know, that a cutting engine is made use of for a variety of purposes? - A. I cannot say.

Mr. Cullen. Q. That stamping-press, where you found these dies fixed, they can take out and put in what dies they chuse? - A. Yes.

Q. The same press, with a proper die, would answer for silver as well as for copper? - A. Yes.

WILLIAM BLACKITER sworn.

I went with my brother officers to the prisoner's house; I found seven pair of dies, (producing them); some for halfpence, and some for sarthings; I do not know whether any of them are for silver or not.

Wray. There is one pair of these dies apparently for blank shillings.

Blackiter. Here are two blanks for sixpences, which I found along-side the cutting press, and some cecil just by.

Cross-examined by Mr. Knowlys. Q. There are no dies which correspond with these shillings of King William's? - A. No.

Court. (To Armstrong.) Q. These forty-six finished shillings, how were they in the box? - A. Wrapt up in a piece of soft paper, the same paper that they are in.

Court. Q. What was in the box besides? - A. some counterfeit halfpence and farthings, and some clothes belonging to Mrs. Appletree; and a damaged die or two.

Mr. Cullen. Q. You, who are conversant in these things, I would ask, whether there is, in what is produced here, a complete set of instruments for silver coinage? - A. Yes.

Mr. Knowlys. Q. About the turning lathe that you found, that might be used in making whip-tops, or any round thing that is made? - A. Yes; they are actually used in a vast number of manufactories in Birmingham, and London likewise.

BRYAN SANDERS sworn.

I am the owner of the house in Rose-lane, Spitalfields, in which the prisoners were taken; I let it for a person who lives at Mary-le-bonne, to

Richard Appletree , the prisoner; he commenced rent the 16th of January.

JOHN NICOL sworn.

I am one of the moniers of the Mint.

Q. Be so good as look at these forty-six shillings? - A. They are had.

Q. Are they in such a state that they might pass in circulation? - A. Certainly; I think so.

Q. Look at that piece of copper, does that appear to you to be an impression for a shilling? - A. Certainly it does; it has the same impression as the head of a King William's shilling.

Q. Look at these half-crowns? - A. They are very bad.

Q. Look at that sixpence? - A. It is so bad that it would not pass in circulation.

Q. What impression is that upon that die? - A. A sixpenny die of King George the Second; and this, of King George the Third.

Q. Are they impressions that would do for sixpences of metal, and tell me if there is any one there that would pass as a sixpence? - A. No; I should think they are not finished.

Q. Is there any of them corresponding with that die, either of George the Second, or George the Third? - A. I don't see any mark of a die at all.

Richard Appletree 's defence. If you look at the pot that Mr. Armstrong said he scraped off the apron, you will see it is nothing but clear salts to cleanse the copper for halfpence. After we had had the first hearing, Armstrong, and some more, came and took my wife out of the house, and would not let me go with her; her aunt wanted to go with her, and they would not let her; and at the second hearing, he brought forwards that bottle; and they would not let her see what was going forward.

For Appletree.

JOHN REMINGTON sworn.

Examined by Mr. Knowlys. I have known Apple-tree twelve years, or more; I am a butcher; I never heard any thing prejudicial to his character, he is a hard-working honest industrious fellow, he used to porter goods from Newgate-market to Fleet-market, he used to work for me, and my mother too; I have not seen him for this year and a half.

CHRISTOPHER PANTER sworn.

I am a butcher; I have known Appletree about fifteen years, till within this year and a half; he was constant porter with me about three years; he told me then he was going into another employment; I have entrusted him with money to go to Leadenhall, and other places; I always found him very honest.

JOHN WAUGH sworn.

I am a butcher, in Fleet-market; I have known Appletree twelve years, down to the present time, he is a very honest man; I have received payments from him several times.

Q. Had you ever any reason to find fault with the money that he paid you? - A. No.

Richard Apletree , GUILTY Death . (Aged 24.)

Elizabeth Appletree , NOT GUILTY .

Brown, NOT GUILTY.

Reynolds, NOT GUILTY.

Padget, NOT GUILTY.

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-61

446. RICHARD APPLETREE , ELIZABETH APPLETREE , JAMES BROWN , DANIEL REYNOLDS , and ELIZABETH PADGET , were again indicted, for that they, on the 8th of June , a piece of copper money, called a halfpenny, did make, coin, and counterfeit .

Second Count. Charging them with coining a farthing.

JOHN ARMSTRONG sworn.

I went to the prisoner's house with four other officers, and was let in by Appletree; I acquainted him I had a warrant to search the house; he was secured with the other two men; I saw them in a back room on the right-hand side, without their coats, and without their hats, they all three appeared in a very great heat; I went down stairs with Wray, and found a stamping-press, with candles a-light, which I left in the possession of Wray; I found some counterfeit halfpence in a box, finished, up one pair of stairs from the cellar, which were coloured and finished, the key was in the possession of Mrs. Appletree, and some farthings in the same box, which I have had in my possession, Wray had the dies and press; I saw the different apparatus which has been produced.

Court. Q. Did you observe their hands? - A. From their hands, they had been very recently at work; and, at the fly, it is necessary to have three people at work, one to seed, and the other two to pull, and then it receives the impression.

JOHN WRAY sworn.

I am an officer; I found the stamping-press and the dies, (produces the dies); I found them fixed in the press, and a candle a-light on each side of the press; I found a halfpenny between, which corresponded exactly with the dies.

Cross-examined by Mr. Knowlys. Q. That halfpenny, when you took it out, was not in a situation in which it could circulate? - A. No; I found a great deal of dirty saw-dust, and a few halfpence by the side of the press on the one side, and a great quantity of blanks on the other.

Court. Would these on the side of the press circulate? - A. No; they had not been in the pickle, they had not been through the trounsing bag.

WILLIAM BLACKITER sworn.

I am an officer; I saw Mr. Wray take the halfpenny from between the two dies.

WILLIAM PEACH sworn.

I found this bottle of liquid, and this net up stairs, and this pot (producing a large iron pot); the liquid, in this bottle, is some that I took out of the pot; they boll the halfpence in the liquid, in a net, to change the colour of the halfpence, to make them fit for circulation; and I found two blanks cut out for sixpences.

Q. (To Armstrong). Are these things compleat for the coining of halfpence? - A. Yes.

Q. Look at these halfpence, and see if they are counterfeit? - A. Yes, they are.

Q. Are they in such a state as they might pass? - A. Yes.

Cross-examined by Mr. Knowlys. Q. Where did you find these halfpence? - A. In a box, of which Mrs. Appletree gave me the key.

Court. Q. Were there any halfpence fit for circulation found in any other place besides the box of Mrs. Appletree?

Ferris. Q. There were two, in a paper that was found in Reynolds's pocket, (produces it); it contains blanks for farthings or sixpences.

Armstrong. This is counterfeit, and is in a state of circulation, which I found in Reynolds's pocket.

Mr. Knowlys. Q. How many of the same kind may you now have in your pocket? - A. I might have a dozen in a day in my pocket.

Richard Appletree's defence. I am guilty of this but not of the other.

Reynolds's defence. I had not any thing at all to do with it; I had removed my loom into his room; it had been there three weeks; I never saw this young man do any thing of that sort; my wife being ill, and I getting in liquor, and being uneasy in my mind, I did not see him at work at all; I was coming down stairs with my hat under my arm and my coat, and hearing the gentlemen say they had a warrant, I thought it was a warrant that my wife had sent against me, and I ran into that room to hide myself.

Brown's defence. I called to see Mr. Appletree's wife; I have lived with Mrs. Paget these twelve years, and as she had this child, she asked me to call that day to help her carry the child home; I have had the child in my care for these two years.

Richard Appletree, GUILTY . (Aged 24).

Elizabeth Appletree , NOT GUILTY .

Padget, Not GUILTY .

Brown, GUILTY . (Aged 36).

Reynolds, GUILTY . (Aged 29).

Confined one year in Newgate , and fined 1s.

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-62

447. RICHARD SIMMS was indicted for that he, on the 17th, a piece of base coin made and counterfeited to the likeness of a sixpence, falsely, deceitfully, feloniously, and traiterously, did colour with materials producing the colour of silver .

Second Count. For that he, on the same day, a piece of base coin, resembling a shilling, did colour with materials producing the colour of silver.(It appearing upon the evidence, that the metal was itself of the colour of silver, the Court were of opinion that the prisoner should have been tried for coining, and not colouring, and that upon this indictment he could not be convicted).

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-63

448. WILLIAM BELL , and SARAH BELL , were indicted for that they, on the 21st of May , a piece of copper money, called a halfpenny, did make, coin, and counterfeit .

Second Count. For coining a farthing.

JOHN ARMSTRONG sworn.

On Saturday the 21st of May, I went with a search warrant to a house, situated in Cock-lane, St. Matthew, Bethnal-green ; Blackiter and Harper went to the back of the house where the prisoners were, and I, Wray and Peach went to the front; I knocked at the door, and after standing there about a minute, a woman opened the doer, and let me in; I observed a door in the passage that went into the cellar; I went into a front room where I saw the prisoner Bell just going to sit down on a chair, at that instant, Blackiter and Harper halloaed out,"here is a press in the cellar;" after I had secured the man and woman, his hands appeared very black, I went down into the cellar, and found this piece of copper between the dies (producing it), it is a faint impression, and here is a pair of dies that were fixed in the press, and a pair of farthing dies lying by the side of the press; these halfpence, (producing them), were found in a sack in the room, he delivered them to me, and I have had them ever since, it is a trounsing sack, but not so black as I have seen some.

Q. Did you find any halfpence or farthings finished? - A. I did not find any of them unfinished; he said, he was a carpenter, and there were some carpenter's tools lay on one side, in the room where he was.

had been at work at the press; there was nobody in the house but his wife and him.

Q. How did these people work the press, I understand there should be three? - A. There should be one to feed the press, and two to pull, but two might work the press, only it would be more tedious.

Q. Was there any candle in the cellar, or appearance that any body had been at work? - A. None; there was a flap would lift up and let light enough in without a candle; there were drops of candle on the press, and it was warm as if it had been recently worked.

WILLIAM PEACH sworn.(Produces some halfpence and farthings): On Saturday the 22nd of May, I went in company with four other officers to Cock-lane, three went to the front, and two to the back of the house; as soon as we got in, the prisoners were secured; Armstrong and Wray went into the cellar, and left me in custody of the prisoners; as soon as they were gone into the cellar, I saw the woman throw something into the fire in a paper, I asked her what she had thrown in the fire, she made me no answer; I went to the fire, and took a piece of stick, and poked it out, it was those halfpence and farthings which I have produced; I asked her where she got them, she said, she picked them up in the cellar, I saw the things brought away.

SAMUEL HARPER sworn.

I was at the back of the house, I heard they had got into the house and secured the prisoners; I got over the wall, and got into the cellar. Blackiter went in first, and I followed him, I am sure nobody escaped from the back of the house.

WILLIAM WRAY sworn.

I went with Armstrong; the prisoners were taken to the office.

William Bell 's defence. I was employed there as a carpenter , to mend some furniture, and repair what was necessary; I had two chairs, and a part of a table in the house to mend; as to my hands being dirty, I had been heating the glue pot to mend the back of the chairs, I had not been two hours in the house; I met with one Arnold in Whitechapel, he said, he had taken a house, and asked me to do some jobs for him, and I went to this house; I know nothing of the things in the cellar, my wife went with me to clean down the house, I have never seen the man since; these men said, it was a take in for these two poor creatures.

Q. (To Armstrong). Did you see any chairs or tables to mend? - A. None; there was a chair and some tea cups, as if they were going to have tea.

Q. Did you observe his glue-pot? - A. No, I saw none.( Sarah Bell was not put on her defence).

William Bell , GUILTY . (Aged 51.)

Confined one year in Newgate , and fined 1s.

Sarah Bell. NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-64

449. ANN GILBERT was indicted for that she, on the 2d of October , 357 pieces of copper money, called a halfpenny, did sell, pay, and put off, to one Edward Rogers , at a lower rate than the same did import, that is to say, or 8s.

It appearing in evidence, that the prisoner was the wife of John Gilbert , who had been convicted for the same offence at a former session, and the transaction being in his presence, she was

ACQUITTED .

Tried by the second Middlesex Jury, before Mr. Justice LAWRENCE.

Reference Number: t17960622-65

450. ROBERT BERRY was indicted for forging an order for the payment of money, dated May 29, 1796, directed to Messrs. Prescott, Grotes, Culverden, and Hollingworth, No. 62, Threadneedle-street, pay Mr. Sanderson 170l. S. Cundell, with intent to defraud Sir George William Prescott , Bart. George Grotes , William Culverden and John Holling worth .

Second Count. For uttering and publishing the same, knowing it to be forged.

Third and fourth Count. The same as the first and second, only with intent to defraud Stuart Cundell .(The Court were of opinion, that there was not a little of evidence to shew that the prisoner knew it was forged, and therefore he was not put upon his defence.

NOT GUILTY .

Tried by the London Jury, before Mr. COMMON SERJEANT.

Reference Number: t17960622-66

451. ROBERT BERRY was again indicted for forging an order for the payment of money, dated the 7th of May, 1796, Messrs. Prescott, Grotes, Culverden, and Hollingworth, Threadneedle-street, pay Mr. Simpson or bearer, 92l. S. Cundell, with intent to defraud Sir George William Prescott , Bart. George Grotes , and William Culverden .

Second Count. For uttering and publishing the same, knowing it to be forged.

Third and fourth Count. The same as the first and second, only with intent to defraud Stuart Cundell .(The indictment was opened by Mr. Knapp, and the case by Mr. Const.)

Examined by Mr. Knapp. I am clerk in the house of Messrs. Prescott and Co. No. 62, Threadneedle-street: On the 7th of May, I paid a draft of 92l. upon Messrs. Prescott, drawn by S. Cundell; Mr. Cundell keeps cash at our house, I don't know the person to whom I paid it; I gave a Bank note of 25l. No. 8858, dated the 10th of December, I believe, 1795, I have got the note, and another Bank Note for 25l. No. 258, dated the 22d of March, 1795.

Q. Do you know Mr. Cundell's hand-writing? - A. I do.

Q. Did you ever see him write? - A. No.

Cross-examined by Mr. Knowlys. Q. You have been giving an account of the transaction from that book, is that the original entry? - A. It is the first entry made of the transactions.

Q. Made by yourself? - A. Yes.

Q. In that entry is the number 8858, entered as dated 1795? - A. It is not.

Q. How do you know it is the note? - A. Because it is taken down in another book, before it is paid away by me that night.

Q. Have you that book here? - A. No.

Q. The No. 258 is the date of that entered? - A. No, it is not; it is not our custom to enter the date, I speak of the dates from taking them down the night before.

Court. Q. How do you know that note to be the note you paid away? - A. I believe it to be the note by the number and the date, (reads the book); 20l No. 8858, 25l. No. 258, and 42l. in money, making 92l. the amount of the draft.

Court. Q. You don't know to whom you paid it? - A. I do not.

GEORGE HAMMOND sworn.

Examined by Mr. Const. I am clerk to Messrs. Gilbert and son, Chiswell-street; the prisoner deals with me; on the 7th of May he paid; me 33l. 16s. a Bank Note of 25l. eight guineas and a half, and I returned him half-a-crown change.

Q. Did you take any account of the note? - A. I did not, I gave it to Mr. Gilbert, jun, about twelve o'clock that night.

Q. Are you sure the note you gave Mr. Gilbert, was the note you received from the prisoner? - A. Yes; I had no other 25l. note.

Cross-examined by Mr. Knowlys. Q. You received a good deal of money that day for Mr. Gilbert? - A. Yes; they are grocers.

Q. What was the amount of what you received that day? - A. 78l. 6s. 11d.

Q. Are you sure it was a 25l. note you received from Mr. Berry? - A. Yes.

Q. Have you always been sure of that? - A. Yes.

Q. Do you know Mr. White? - A. Yes.

Q. Did not you tell him that you could not say whether it was a 20l. or a 25l. or a 30l.? - A. No. I did not; I said I did not know whether I received two notes or one.

Q. How are you more certain now? - A. I examined the account.

Q. When did you see Mr. White? - A. Last Sunday se'ennight.

Q. Were you clear in the recollection of the transaction then? - A. No; I cannot say I was.

Q. The recollection you have now, arises from examining your books and papers? - A. There was not another 25l. note in the house that day.

Mr. Const. Do you mean this, that you received only three Bank notes, two of which were 5l. the other 25l.? - A. Yes.

Q. You know the largest of the three you received of Berry? - A. Yes.

Q. Looking afterwards, you know of whom you received the notes? - A. Yes.

Court. Q. Did you put down in the book that you received that note of Berry? - A. No; I put down that I received so much money of him, (the book produced).

Q. Was the entry made at the time; you received the money? - A. (Reads), " Robert Berry , 33l." that is all there is in the book.

Q. You have not distinguished whether it was cash, or money? - A. No; I made remarks when I settled my cash at night, sixteen guineas, I gave a person 35l. in bank, and 24l. in cash.

Court. Q. 781. you received that day? - A. Yes.

Q. How do you know you received a Bank note of the prisoner that day? - A. I did not receive so large a Bank note of any other person, or give change to any body.

Court. Q. On the 7th of May you received 33l. of the prisoner? - A. Yes.

Q. Do you know you received that sum of him by your memory? - A. By my memory, and the entry.

Court. Q. How came you not to be so clear in your recollection with Mr. White last Sunday se'ennight as you are now? - A. I had not thought of the transaction.

Court. Q. What makes you more clear now than you were then? - A. Because I have recollected the circumstances more clearly.

Q. Who did you receive the other notes of? - A. From a Mr. Clarke, the other from a Mr. Major.

Mr. Knowlys. Q. Do you mean to say, upon this very book that there appears to be any memorandum that a 25l. note was received of Mr. Berry? - A. There was 35l. received.

Q. Can you shew from the book any specific memorandum that any Bank note was received? - A. There is not.

Q. Did you not tell Mr. White last Sunday se'n-night, you could not recollect whether you received a 20l. a 25l. or a 30l. note of him? - A. I told Mr. Berry I received 35l. in Bank notes that day, and that there was a 25 and two fives.

Court. Q. Did you state that you could not say whether it might not be a 20l. or a 25l.? - A. I said, there was a 25l. and two fives, or a ten.

Q. Do you mean to swear you told Mr. White positively that you received a 25l. note? - A. I did, to the best of my recollection; I told Mr. White what I have told you now.

Q. Will you swear that you told Mr. White positively that you received a 25l. note? - A. To the best of my recollection.

Q. This is a matter of recollection, if you recollect what passed on the 7th of May, cannot you recollect what passed with Mr. White last Sunday se'nnight? - A. I had not made a minute of what passed with Mr. White.

Court. Q. Last Sunday se'nnight you had a conversation with Mr. White? - A. Mr. White called at our house.

Q. Had you any difficulty to ascertain the fact whether you received a 25l. note of Berry? - A. No, I had no difficulty; I believe I told Mr. White I received a 25l. note of Berry.

Court. Q. Are you sure of it? - A. He asked me if I had received any money of Mr. Berry; I told him I had received a note, or notes, and cash; I said, I might have received a 5l. note of him.

Court. If you received a 5l. note, 5l. and 20l. would have been 25l.

WILLIAM GILBERT sworn.

Examined by Mr. Knapp. I am a grocer in Chifwell-street.

Q. Do you remember settling your accounts with Hammand, the last witness, at twelve at night, the 7th of May? - A. I do; but I cannot remember exactly the sum he accounted for that day; and Whether it was cash or notes I cannot recollect exactly, I believe there were some notes; they remained in the box till Monday afternoon, then I sent then to the banker's by Thomas Grindall.

Q. What you sent were the same you received from Hammond? - A. I believe they were.

Q. Have you any doubt they were the same? - A. I have no doubt but what they were the same notes I received of Hammond.

Court. Q. Had you any other notes in the box? - A. I don't know, but I believe not.

Court. Q. Are you sure there were not? - A. I cannot say.

Court. Did you take down the sum you took to the banker's? - A. Yes, on the Monday; 76l. 20 guineas, a 20l. check, and the rest was Bank, but

What it was I cannot tell exactly; seven light guineas were returned.

Cross-examined by Mr. Gardener. Q. How many parties have access to that box besides yourself? - A. My father, Hammond, and myself.

Q. Is your father here? - A. No.

Mr. Knapp. Q. Do you know what you put in on the Saturday night? - A. I do not.

Q. However, you sent 76l. to the banker's on Monday? - A. Yes.

Q. How many keys are there to this box? - A. Only one.

Q. And had you the custody of the key from the Saturday to the Monday? - A. I cannot say; sometimes my father has.

Mr. Gurney. Does your father live in the house? - A. Yes.

Court. Q. Your father might have the key; - A. I believe he had not; but I cannot be certain.

Court. Q. Have you any means to ascertain the notes you received from your clerk? - A. I have not.

Q. You neither entered them at the time you received them or the time you sent them to the banker's? - A. No, I did not.

THOMAS GRINDALL sworn.

Examined by Mr. Const. I am servant to Mr. Gilbert.

Q. Do you remember on the 9th of May, Mr. Gilbert giving you any cash? - A. Yes; 76l. constituted of Bank's cash, and a check; the Bank's were 35l. in more than one note, I cannot say how many; I carried it to our bankers, Sykes and Company, which I paid in on account of Mr. Gilbert.

JAMES STUBBS sworn.

Examined by Mr. Knapp. I am clerk to Sykes and Company.

Q. Do you remember Mr. Gilbert's clerk coming to you on any day, and what day? - A. I don't remember any particular day of his coming; he often brings cash.

Q. Turn to your book, and look at the 9th of May.

Mr. Gurney. Q. Is that your own entry? - A. It is 68l. 13s. which consisted of a draft drawn by Williams, upon Harper, for 20l. a Bank note, No. 504, the 5th of April, for 5l. No. 6921, 1st of April, for 5l. and No. 8858, 10th of December, for 25l. with 13 guineas in money.

Q. Did you return him any? - A. I don't recollect.

Mr. Gurney. Q. The 10th of December, in what year? - A. The entry itself is No. 8858, 10th of December, for 25l.

Q. There is no year upon the book? - A. No; we never put down the year in the book that it is entered in; if it is not in the same year, we usually put it down; it must have been December, 1795.

Mr. Const. Q. That other entry, in the rough book, is of the same notes that you have there entered? - A. Yes; we received no notes of that number that day.

Q. Of what year were those notes dated? - A. I don't know that I have got the year; one was 1795, and the other 1796.

Q. How do you know that? - A. I have discharged the notes in my waste book with the same number that I have taken them down here; and we did not receive any other notes of that number that day.

Q. Will you swear you did not discharge a note of that number of the year 1793? - A. I cannot; I believe I can prove there are not two notes of the same year the number the same; there is a person in Court that will prove it.

Q. I believe every Bank note has the date of the year, as well as the day of the month? - A. Yes; but it is not the custom to take them down.

Q. Are you a Bank clerk? - A. No; a banker's clerk.

Q. Will you undertake to swear the Bank don't make out notes of the same date and the same number, except the year? - A. No; I leave that to the other party to do.

Mr. Const. Q. Have you these Bank notes? - A. Yes; (produces them).

Mr. Knowlys. Q. A Bank note, however dishonestly come by by one person, may go through twenty hands in the same day? - A. It is not impossible that it may go through so many, but it is not likely.

Q. I believe you, as banker's clerks, make memorandums of Bank notes, but a great many individuals don't do it? - A. It may be so.

ROBERT MINN sworn.

Examined by Mr. Knapp. Q. Do you remember receiving a note of the prisoner on the 7th of May? - A. I received a payment of 82l. 11s. for shops the prisoner had bought of me at different times.

Q. How was it paid to you? - A. I don't recollect; it was in Bank notes and cash, but more cash than Bank notes.

Q. Do you recollect how many notes there were, or how much cash? - A. No; it was 82l. 11s. I took no account of the Bank notes; on the 9th of May I paid to Graves, Swaine, and Co. 32l. 12s. 6d. I believe they had a Bank note, but I had no number of it, nor sum.

Cross-examined by Mr. Gardner. Q. Did you make any other payments? - A. Yes; to Price and Son, thirty odd pounds the same day; and, I believe, within an hour.

Mr. Knapp. Q. Was that payment made in money or not? - A. I cannot say; there might be a note in that; the whole sum I paid was 63l. 5s. 6d. to the two; it was paid out of the money I received of Mr. Berry.

Court. Q. Did you receive any thing of any body else that day? - A. of nobody.

Mr. JOHN SWAINE sworn.

Examined by Mr. Const. I am one of the partners in the house of Messrs. Graves, (turns to his book).

Mr. Const. Q. Were there any Bank notes paid in that 32l.? - A. I cannot say that there were.

Q. Did Mr. Ninn pay you a Bank note that day? - A. He paid us 32l 12s. 6d. I cannot say in what way it was paid; we received a Bank note that day, and but one; we paid a Bank note into Wilkinson's house that day.

Court. Q. You cannot say who you received that Bank note from? - A. I believe I received it from Mr. Ninn, but I cannot say.

Mr. Const. Q. Why do you believe that? - A. Because I received but one that day; and we paid a Bank note into Wilkinson's house.

Court. Q. How much did you pay into the banker's that day? - A. 148l. 18s. 6d.

Court. Q. How came you to say at first, that you did not know whether there was a Bank note in what you received from Mr. Ninn? - A. I said so, because we have no particulars of it; I cannot account for our coming into possession of that 25l. note any other way; I cannot swear that we received it of him, but I have no reason to believe we received it of any other person.

Mr. Gurney. Q. Does no other person receive cash at your house? - A. Yes; but the money goes through my hands; I credit what is received.

OLIVER PINE sworn.

Examined by Mr. Knapp. I am clerk to Messrs. Wilkinsons, bankers; (turns to his book, May 9); there is a payment by Graves and Co. of 148l. 18s. 6d. a draft of 50l. on Sanderson; five guineas on Smith, Payne, and Smith; a Bank note of 25l. No. 258, the 22d of March; and a draft of 68l. 13s. 6d. upon our own house.

Cross-examined by Mr. Knowlys. Q. Is there any date of the year there? - A. No.

JOHN ROGERS sworn.

Examined by Mr. Knapp. Q. You told us, in the last trial, you had seen Mr. Cundell write often; tell us if that is his hand-writing? - A. No; it is not. (The draft read).

Cross-examined by Mr. Knowlys. Q. I believe you live in the neighbourhood of Mr. Cundell? - A. Yes.

Q. How long have you known the prisoner at the bar? - A. Seven or eight years.

Q. During that time, what character has he borne? - A. A very good one indeed.

Mr. Knowlys. (To Rogers.) Q. Look at that draft; I believe you know the prisoner's handwriting; is that at all like the prisoner's handwriting? - A. I cannot say that it is.

Q. Have you seen him write often? - A. Yes; it is not like the hand that he writes.

Q. Had you that opinion of the prisoner's credit, that if he had applied to you for a loan to that amount would you have given him credit? - A. No doubt of it; I have done, and would again, by checks upon the very same house.

SAMUEL UNDERHILL sworn.

Examined by Mr. Const. I am a clerk in the Bank.

Q. Explain to us as to the dating of Bank notes, whether the practice is to date different notes of the same sum of the same date? - A. No, never; unless by a mistake; it is never done in common; such a thing may have been done in eight or ten years, but not in common.

Q. I understand there are hardly ever two exactly alike? - A. No; it is the most improbable thing in the world.

Court. Q. Did you ever know any such thing as a mistake of that kind? - A. I have been in the service twenty-three years, and, during that time, there may have been three or four; but there is always this distinction, that they are by two distinct entering clerks.

Prisoner. I leave my defence to your Lordship and my Counsel.

For the prisoner.

THOMAS WHITE sworn.

Examined by Mr. Knowlys. I am a Coal-merchant in Whitecross-street.

Q. Do you know Hammond? - A. I have very little acquaintance with him; I was there last Sunday was a week, and I went to Mr. Gilbert's along with Mrs. Berry, where Mr. Hammond was clerk; I asked Mr. Hammond and Mr. Gilbert both, if they kept any regular entry of their Bank notes that they received before they sent them to their bankers, and they told me they did not enter the numbers down; and I asked them, if they knew whether they had taken a note of Mr. Berry to the amount of 25l.; and Mr. Gilbert and Hammond both said they could not swear that they had.

Court. Q. Did Mr. Hammond say so? - A. Yes; he did.

Mr. Knowlys. Q. Did any thing further pass about any other Bank notes? - A. No; for I did not know the nature of the business when I went there; Mr. Hammond said, he could not take upon him to swear that they took a note of that sum of him.

Q. How many years have you known Berry? - - A. About seven or eight years; I believe, he is a grocer and hop merchant , in Shoreditch; he has had as fair a character, I believe, as any tradesman in London.

Cross-examined by Mr. Const. Q. Are you very correct in your memory as to what passed between you and Hammond? - A. Yes.

Q. Do you remember that the precise words were as you have stated? - A. Yes; I understood it to be about a Bank note that was forged.

Q. As Mrs. Berry was with you, it is very odd you should suppose it to be about a forged Bank note? - A. Mrs. Berry, I believe, did not know otherwise herself.

Q. Before any examination took place, before Hammond was known to be a witness by any examination, you went to him, yet not knowing what he was accused of; then how could you guess Mr. Hammond was the man to apply to? - A. He had had an examination on Saturday night at the office.

Q. And did Hammond appear at that examination? - A. I believe, either Mr. Gilbert or Mr. hammond did.

Q. Did not you go, professedly, to talk to him, that you might afterwards give evidence for the prisoner? - A. No, I did not; I never thought of coming here at all.

Mr. Knowlys. Q. Mrs. Berry did not acquaint you that she meant to make use of you as a witness? - A. No; I went to know if he had taken any minute of the notes, and if he could swear that he received a note of 25l. of Mr. Berry.(The prisoner called eight other witness, who gave him a good character).

Court. I think there is no occasion to call any more witnesses to character.

452. SCIPIO ROBINSON was indicted for manslaughter , on the 9th of June .(The case was opened by Mr. Knowlys.)

ANN FISHER sworn.

I live at the Elephant and Castle, St. Pancras : The prisoner lives next door to me; I saw him strike the deceased, John Seabrook , twice, once on each side his head with his first; I did not see the first of it.

Q. Did he stand up, or was he knocked down? - A. I did not see him knocked down; I don't know

that the blows were given with violence; he was in a passion; when it was over Seabrook went towards town, and Robinson went towards home; I did not take much notice of Seabrook, he did not appear to be hurt; I saw Robinson strike him, I believe about his shoulders, with the umbrella, and break it; it was broke and thrown away; that was after he had struck him with his fist about the head, and then he Kicked him; but I cannot say where.

Cross-examined by Mr. Knapp. Q. There were blows on both sides? - A. Yes.

Q. The prisoner had his child with him? - A. Yes.

Q. And his milk-pail upon his shoulders? - A. I cannot say that.

Q. Seabrook went towards London? - A. Yes; Robinson had got blood upon his teeth, his cheek was cut, and there was a piece of his tooth out.

Q. You did not know how much longer the deceased lived after this? - A. No.

Court Q. Did you see the deceased strike Robinson? - A. Yes.

THOMAS KENDRICK sworn.

Examined by Mr. Knowlys. I am a gardener, I work at jobbing about, sometimes in one place and sometimes in another; but I am a gardener to the Veterinary college; the deceased, Seabrook, lived within five doors of me, at Kentish-town; I know the prisoner; I came out of the garden to get a pint of beeer, thinking not to be seen by my master; as I was going along there was Seabrook about forty yards before me, and as he came against Robinson's gate there was a stone laid in the way; Seabrook picked up the stone and threw it away; Robinson was coming along with his milk-pails, and saw him take the stone; and he came up and said, what business have you to throw that stone away; why, says he, is it your's? yes, says he, it is mine, and you shall fetch it back; no, says Seabrook, I won't, and then Robinson dropped his yokes off and set his pails down, and swore he should; and the other said, he would not; and then he took his umbrella and endeavoured to keep Robinson off with it; and then as he drew back I ran into Fisher's, and said, here is a sight; they had not struck one another then; Seabrook stood on his own defence to get away; I went in and called them out to see the sight, and I looked at them through the glass of the new tap-room; and I saw the umbrella broke and thrown into the brook; I saw it broke with beating the deceased, or struggling to get away.

JAMES WEBB sworn.

I live at Camden-town: I saw the latter part of this quarrel; the first that I saw of it was after I was called out by Kendrick; I was at work at Mrs. Fisher's, as a carpenter; I immediately came forward, I and my partner; and when I came out I saw a bustle between Robinson and Seabrook, and there were two or three blows passed; I saw Robinson strike him, I believe twice, about the breast, as near as I could guess; Seabrook turned about to go towards town, and Robinson turned about after him and gave him a kick on the breach; Seabrook walked away, apparently as well as I or any other man unhurt.

Cross-examined by Mr. Knapp. Q. Did you see him afterwards? - A. Yes; three or four days after he came into Mrs. Fisher's, and had a pint of beer.

JANE DUDLEY sworn.

Examined by Mr. Knowlys. I was called to nurse Mr. Seabrook when he was ill on Thursday the 16th of June, and he died on Sunday the 17th; he was very ill when I went, and continued so till he died.

Q. What appeared to be his complaint? - A. A putrid fever; I gave him a clyster on Thursday night, and nothing but congealed blood came from him; there was a bruise upon his right breach, and a yellow mark about his stomach, but I cannot tell whether that proceeded from a blow or not.

Cross-examined by Mr. Knapp. Q. Whether there was not a putrid fever in that house? - A. No; it was in the family, and I believe six weeks before that.

Q. In your opinion what did he die of? - A. I cannot say; he had a very bad fever.

ANN BYARD sworn.

Examined by Mr. Knowlys. On Friday the 3d of June in the evening, this scuffle happened; I did not see any thing of it myself.

EDWIN SANDYS sworn.

Examined by Mr. Knowlys. I am a surgeon in Kentish-town: I saw the deceased before his death about ten days and upwards; on the 6th of June when I first saw him, he complained of some pain about his chest, and some about his head; he requested to be bled; I told him at that time there was no particular occasion for it; if it encreased the next morning, he should be bled; the next morning he was better, and I did not see him again till Saturday, when he was seized with a violent bleeding at the nose; he lost a pint, or a pint and an half of blood; that was on Saturday the 11th, and at that time he had a putrid fever; and he continued so; on Wednesday the bleeding came on again, and he had all the appearance of a putrid fever at the time he died.

Q. And not from any other cause? - A. No.

Cross-examined by Mr. Knapp. Did not two other surgeons attend? - A. Dr. Rowley attended him, and Mr. Cowper, and it was our opinion that there was no symptom by which we could say but that he died of a putrid fever.

453. WILLIAM HUTCHINSON and JOHN BROWN were indicted for breaking and entering the dwelling-house of William Lovell , about the hour of two in the night of the 4th of April , and burglariously stealing 414 snorocco leather skins, value 140l. 36 rohan leather skins, value 9l. five silver tea spoons, value 5s. a silver table spoon, value 10s. two silk cloaks, value 20s. seven silk handkerchiefs, value 40s. two pair of sheets, value 10s. two table cloths, value 5s. a wooden till, value 6d. 5l. in monies numbered; and a Bank note, value 10l. the property of the said William Lovell , in his dwelling-house .(The case was opened by Mr. Raine.)

WILLIAM LOVELL sworn.

Examined by Mr. Raine. I live at No. 68, Fetter-lane, Holborn; at the time of the robbery I lived at No. 35, Butcher-row, Temple-bar : On the 4th of April I secured the house myself in the evening at dusk; as soon as candles were lit I locked the cellar-window out of Butcher-row, and returned the key into the shop as usual; I went out about ten or rather later to spend the evening with some friends, and staid till half past twelve, when I returned home my house was perfectly secure then; I in a very little time after that went up to bed; I secured the door particularly, the side-door, and the yard-door, which was particularly my charge before I went to bed; I bolted them, the lock is only a slip lock, I never had the key; I bolted them, and put up the chain across the door, and the outside yard-door; we had two yard-doors, one goes into the passage, and the other into Star-court; that in Star-court was secured by bolts, and I had driven nails above the bolt to prevent it being turned, and also the latch to prevent it being turned up, because there had been an attempt once before; that door was then fast, and had been fast a long time; there was also a door opened from the street into the shop, which was secured by bolts and locks, and the cellar-window was secure, and I found it in the same state in the morning, but traced dirty, muddy feet, from the cellar upon some pieces of leather, into the parlour; I went to-bed between twelve and one; in the course of the night, I judge it to be about two o'clock, or thereabouts, I heard a light noise, not supposing it any thing like that of breaking into a house, or breaking a lock off, but something like the noise of a cat jumping up and knocking something lightly down; about six in the morning, rather after than before, I heard from my servant that the house was broke open; in consequence of that I immediately got out of bed, went down, and to my great astonishment and surprize, I saw the side door open going into Star-court; the one that I described bolted, and with a slip to it, and a chain to it, that was opened, not broke, but opened by a person on the inside, and that was the way the escape was made, but the parlour door was broke open, and a great part of the wood which the screws of the box went into, for I had had extra screws, and an extra box put upon it, an inch; I suppose, was broke away, by violence, with the screws; that was the parlour door, coming out of the passage into the parlour; when I went into the parlour, to my great astonishment, I found the goods which were in a press, which had been a press bedstead; as near as I can judge, there was about 450 skins gone, or thereabouts, black, Spanish, red, blue, and green moroccos; blue morocco seals, and some calf skin legs waxed, and red morocco rohan skins, the press was so full, that I was obliged to put skins into other places; the drawers were all of them broke open, where was every thing of material value; two silk cloaks, and table linen, and other things spread about; and I lost a Bank note out of this pocket book (producing it), of 10l. I left it with my wife when I went out the night before.

Cross-examined by Mr. Knapp. Q. How many doors are there to your house? - A. Three doors.

Q. Were you the last person up in the house? - A. No, my wife came to bed after me; very soon after.

Q. You were not alarmed till six o'clock in the morning, except by this cat's story? - A. No.

Q. This was the 4th of April, was not it? - A. When I went to bed, it was the 4th of April.

Q. What time was it light? - A. I suppose, about four o'clock.

Q. It is impossible to say then, whether it was broke open in the night, or after day-light? - A. I cannot say, upon my oath.

Court. Q. Did there appear to be the marks of the feet of more than one person? - A. Yes, two or three; it appeared to me, that in coming down the cellar they had slipped some little way.(Mr. Raine desired the prosecutor to send for his wife).

DANIEL PLAYTER sworn.

Examined by Mr. Raine. I am servant to the last witness.

Q. What time did you get up on the morning of the 5th of April? - A. About six o'clock; when I came down stairs, I found the doors open, and I called my master.

Cross-examined by Mr. Jackson. Q. You came down about six o'clock? - A. Yes.

Witness. My name is Gabby Levi, I never went by the name of Hutchinson in my life.

Mr. Raine. Q. Who do you live with? - A. Nobody.

Q. Who did you live with a month ago? - A. Nobody.

Q. Did you ever live with Hutchinson? - A. Yes.

Court. Q. How long ago? - A. I have not lived with him since he has been in custody; I lived with him two years.

Q. Griffiths, the constable, had a Bank note of you, I believe? - A. Yes, and twenty-six guineas.

Q. That 10l. note that Griffiths had from you, where did you get it? - A. I had it from Mr. Hutchinson, two months before he was taken into custody.

Q. Do you happen to know when he was taken into custody? - A. Yes, but I cannot tell the day of the month; I am sure it is now about three months since he gave it me.

Q. Do you remember the day when he gave it you? - A. Yes; on a Thursday.

Q. What day of the month? - A. I cannot say.

Q. What month? - A. I cannot say, it is above three months ago.

Q. Was it in the month of April? - A. I cannot say.

Court. Q. Upon your memory can you say it was in the month of April? - A. I should be very happy to inform you, but I cannot.

JOHN GRIFFITHS sworn.

Examined by Mr. Raine. Q. Shew the girl that note you have in your possession? - A. I will (shews it be).

Court. (To Levi). Should you know it if you saw it? - A. Yes; I had it two months in my possession, and was going to change it several times for necessaries, it has got a great deal of writing at the back of it, but I can neither read nor write.

Mr. Raine. Q. Is that it? - A. I believe that is it, without Mr. Griffiths has changed it.

Court. Q. Looking at that note, you can take upon yourself to say that is the note he had from you? - A. Yes; he took it out of my drawer, with twenty-six guineas, I gave him the key.

Mr. Raine. Q. And that note you had from Hutchinson? - A. Yes; two months before he was in custody, we were going to set up a shop.

Mr. Raine. (To Griffiths). I believe you apprehended the prisoner at the bar? - A. Yes; on Saturday, May the 7th, in company with some more of the officers, Smith, Nowlan, and some others; I went to Hutchinson's house, No. 2, Hollis-street, Clare-market; when I came there, the house was shut up about seven o'clock in the morning; I saw a string in the middle of the door, I pulled it, and the door opened; I went up stairs, and up one pair of stairs, in the back room, Hutchinson and his wife, or his girl, were a-bed; I went into the back room, and desired him to get up, he got up, and in searching the place, I found between the bed cloath, this horse-pistol, and in a little trunk, close by the side of the window, this pocket pistol; two iron crows in the front room up one pair of stairs, rolled up in a woman's gown upon a chair; and in a table drawer in Hutchinson's front room, I found all these picklock keys, and at the same time, a box of phosphorus matches, and a box of gunpowder.

Q. With respect to those keys, did you try any of those keys with Mr. Lovell's locks? - A. Yes; that key with the string to it unlocks Mr. Lovell's cellar door, a slap that opens into Butcher-row; Brown was taken by my fellow officers, in the same house, up two pair of stairs, Smith and Nowlan; and when we took them away. I took the young woman's word for appearing before the magistrate at twelve o'clock, but she did not come; about a week or nine days after that, I had a search warrant against the house for this Bank note, and I understood she had moved from there, the house was shut up through some further information; I found she lived in Shoe-lane; I went there and searched her place, and in the drawer of a looking glass was this 10l. Bank note, and twenty-six guineas in gold.

Q. After you had got the 10l. note, did you at any time show it to Hutchinson? - A. Hutchinson at the office declared it to be his.

Mr. Knapp. Q. Was not that taken down in writing? - A. I cannot say whether it was or not.

Q. Do you mean to state, that no examinations were taken down of the prisoner at all before the Magistrates? - A. I cannot say whether it was or not, I was in and out.

Q. But will you swear no examination was taken down in writing by the Magistrates at all? - A. I believe there was some, I cannot be positive, but I think there was.

Mr. Raine. Q. What day was this? - A. I cannot say, he said it was his note.

Court. (To Levi). Q. Who lived in this house besides you and the prisoner Hutchinson? - A. A lodger.

Q. Who was that lodger? - A. Brown and another man lived in the garret.

Q. Who let those lodgings? - A. I did.

Q. Was it your house, or Hutchinson's? - A. My house.

Q. What part of the house did Hutchinson inhabit? - A. The first floor.

Court. Q. The back room and the front room? - A. He slept in the back room.

Q. And did he live in the front room? - A. He used it now and then.

Q. Who lived in the second floor? - A. Brown had been in it about six days.

Griffiths. Cross-examined by Mr. Jackson. Q. There are several lodgers in the house? - A. Yes.

Q. I perceive that is a common kind of key? - A. There are three among them that would open Lovell's cellar.

Q. And this Bank note you did not take at Hutchinson's house, but in Shoe-lane? - A. Yes.

HANNAH LOVELL sworn.

I am the wife of the prosecutor: on the 4th of April, my husband went out, between nine and ten o'clock, and gave me his pocket-book.

Q. Do you know what it contained? - A. I don't know.

Q. Where did you put that pocket-book? - A. Into a drawer which I had in the parlour.

Q. Did you lock the drawer? - A. Yes.

Q. Did you leave it there when you went to bed? - A. Yes.

Q. Your husband has told us, you were the last that went to bed? - A. Yes.

Q. Were all the doors secure when you went to bed? - A. Yes; he fastened the side doors himself.

EDWARD SMITH sworn.

I am a Police Officer; I went with Griffiths to apprehend the prisoners; I apprehended Brown up two pair of stairs, in the same house, with Hutchinson; he was lying in bed with another young man, that the Magistrates thought proper to let go, there being nothing against him, (produces a large quantity of picklock keys); I found these keys in Brown's room, concealed in a drawer in the table.

Q. Did you try any of those keys with Lovell's locks? - A. No, I did not; I found nothing else upon Brown.

Cross-examined by Mr. Knapp. Q. The drawer was not locked? - A. No.

Q. And whether they belonged to this man, or the other young man, you will not swear? - A. No.

ELIAS NATHAN sworn.

Examined by Mr. Raine. Q. Do you know the prisoners at the bar? - Yes; I have seen them.

Q. When did you last see them? - A. Three weeks before I delivered the skins up to Mr. Thompson, and those other officers, which was on the 12th of May, I had them in my possession; Hutchinson, and one John Estwick , came to me of a Saturday; Estwick took out a sample of skins, to know if I would purchase those skins; they said, they had a thousand pounds worth of other property; I told them I did not deal on a Saturday, if they would call again in the evening, I would deal with them; I went to Hutchinson's lodgings, No. 2, Hollis-street Clare-market, and there I saw Hutchinson and Estwick; Estwick brought me in the skins out of the bed room, and Hutchinson sat upon the chair at the fire-side; I asked them the price, and they asked me 40l. and I shortly agreed for them for thirty-six guineas, 360 odd I counted then, but I found afterwards 370 odd skins; after I had agreed with Estwick, Brown came into the room, when I took the skins away in the coach.

Q. Did Brown say, or do any thing? - A. Not to my knowledge; he sat on the chair, and saw me carry the skins in the street to the coach.

Q. Did he say any thing? - A. Not the least that I can remember; then Estwick came home with me, I told them I had but ten guineas, if they would call to-morrow, I would give them the rest; the next day, Estwick called in again, and I gave him ten guineas more, that was on Sunday; the next day, Hutchinson and Brown came, and Estwick and I gave them sixteen guineas.

Q. When was it you delivered those skins into the possession of the officers; to whom did you give them? - A. I spoke to Mr. Thompson at Whitechapel Office, and told him I had got the skins, and then I took Thompson and Smith, the Officers, with me, and put the skins into a coach.

Q. (To Smith). Had you those skins from Nathan the witness? - A. Yes, on the 12th of May; I have had them in my possession ever since.

Q. How many times have you been in this Court? - A. Always upon honourable term, I can prove it.

Q. Always as an evidence for the Crown perhaps? - A. I get very little for my evidence, I never require any thing, I do it for the public good, because I might have brought half a dozen skins, instead of the whole.

Q. How many times have you been in this Court? - A. Twice before, and that was to deliver up 1000l. worth of property.

Q. This thirty-six guineas was a fair price, was it not, for that quantity of skins, Mr. Honesty? - A. No, it is not.

Q. How came you to buy them for thirty-six guineas, you who stand forward for the public good, when you know it is not a fair price? - A. I did it in hopes to bring forward 1000l. worth of property that Estwick was concerned in, to discover them for the good of the public, without see or reward.

Q. How long was it before, for the good of the public, you informed Mr. Thompson of it? - A.

I had not seen the prisoner, during that time, that was three weeks, within a day or two.

Q. So then the public good had the go-by for three weeks; you did not inform of it during that time? - A. No.

Q. Upon your oath did you give any information at all, till you were charged with stealing some boots belonging to a gentleman at the other end of the town? - A. I did not know where they were.

Court. Q. Answer the question, it is a plain one, did you give any information of those skins, till yourself was taken up for stealing some boots? - A. I was taken up about those boots, and I proved them to be honest boots, I have got them at home.

Court. Q. Did you give any information of those skins till yourself was taken up for stealing some boots? - A. I did not.

Mr. Knapp. Q. Then you did not give information for the public good, till three weeks afterwards? - A. No, not for stealing a pair of boots; I had them hanging at my window, so that they could not have been stole, I may have had others, not knowing them to be stole.

Q. Yes, you may have others in your honourable shop; do you know any thing about any waistcoats? - A. No.

Q. Do you know any thing of any charge against you of having stole some waistcoats? - A. No; I denied that, there were no waitscoats.

Q. Upon your oath, was not that charge made upon you, that you had some waistcoats in your shop? - A. No; I had not

Q. No certainly not, and with all this public good but was not somebody weeked enough to charge you with having some stolen waistcoats? - A. No; no such charge that I know of.

Q. Was not there a charge made against you, respecting your having some waistcoats, the property on a Poland Jew? - A. I denied that.

Q. But did not they make the charge against you? - A. Any body may choose to say that.

Court. Q. Was not there a charge of that sort against you? - A. No; there was no Polish Jew charged me with taking waistcoats.

Mr. Knapp. Q. Nor a laced coat? - A. No; not that I had taken.

Q. But found in your possession? - A. No; a Polander had a coat, but he had not it of me.

Q. Had you ever that coat in your possession? - A. No.

Q. Never in your life? - A. No.

Court. Q. What was this charge against the Polander; was he charged with having stolen a coat? - A. I don't know; there might have been such a thing, but I know of no coat.

Court. Q. What Polander are you talking of that might have a coat? - A. No one man in particular.

Q. You did not give any information of this till you were in custody yourself? - A. No.

Q. Do you know a person of the name of Durham? - A. Yes.

Q. A watchman you know? - A. Yes.

Q. Do you remember his being tried at Clerkenwall? - A. Yes.

Q. You were a witness against him, were not you? - A. No, to be sure I was not; that watchman was taken up concerning the silk.

Q. You gave evidence upon that occasion? - A. Not against the watchman; my heart alive, that man was taken up because he did not do his duty; what do you mean by abusing me, I did it for the good of the public.

Q. Did not you tell that watchman to keep out of the way? - A. It was my honesty to take every thief.

Q. Was not Brown asleep, drunk? - A. He was rather intoxicated, and laid upon the chair, when I paid the money to Estwick.

Q. The two other times you had been at Hutchinson's lodgings Brown was not there? - A. When I went Brown was not there; and when they came the next day for ten guineas, he was not with them.

Mr. Raine. (To Lovell.) Q. Look at those skins? - A. These are black Spanish, made from goat's skins, they have my mark upon them, some of them by this lad, and some of them by myself; these are all of them mine, though they are not all marked; it is the custom of our business not to mark every skin, but one in a dozen, the outside one; I know them from their being of the same manufactory.

Q. What is the value of those that have your mark? - A. I suppose it to be about fifteen or sixteen pounds.

Mr. Raine. (To Griffths.) Shew Lovell the note.

Prosecutor. (Looks at it.) I verily believe it to be the same that I left in the pocket-book that I gave my wife.

Q. What enables you to speak to it? - A. From some scribling on the back; I did not take an account of the number.

Q. Is that foribbling the same as was contained upon the note in your pocket-book? - A. I verily believe it to be the same.

Mr. Knapp. Q. I believe, before the Magistrate, you were not certain of the note? - A. I believe it to be the note.

Q. Were you certain of it before the Magistrate? - A. I did not swear to it, nor will I now, if it was an hundred pounds.

Q. As to these skins. I need not ask you if thirty-six guineas as a fair price? - A. If I had bought them, I should not have thought so.

Mr. Knapp. It is only such honest men as Mr Nathan that would think so.

Court. Q. Who had you received the note from? - A. From a man coming into the shop; I don't know who he was.

Court. Q. Did you make that scribbling upon the note yourself? - A. It was so when I received it.

Mr. Raine. Q. Did you lose any money? - A. I lost the till out of the shop with, as near as I can guess, about five pounds.

Hutchinson's defence. I know nothing at all of this; any other person in custody Mr. Nathan might have said the same of; that note I had two months before I was taken into custody, I had it from Bristol; and have had witnesses all last week to prove it, but they are now gone.

Brown's defence. I was a lodger in Hutchinson's house, I never saw any of the property there; I know nothing about it.

For Hutchinson.

REBECCA LAMERT sworn.

I have known Hutchinson a great while, he lodged in my house a twelvemonth; I trusted him with large sums of money, and I would trust him again to-morrow.

Mr. Raine. Q. How long ago? - A. It is a year and a half since he lodged with me.

Court. Q. What is he? - A. When he was at my house, he worked at a butcher's, I never saw any harm of him; my husband kept an apothecary's shop the corner of Craven-buildings.

JOHN CRANFIELD sworn.

I am warehouseman to Mr. Charles Rice , upon Snow-hill; I am a house-keeper myself; I have known Hutchinson two years, he lodged with me about five months; he was very honest then for any thing that I knew.

Mr. Raine. Q. How long ago is it since he lodged with you? - A. It might be nine or ten months; he is a butcher.

MONTAGU WILLIAM HINDES sworn.

I have known Hutchinson sixteen years; I never heard any thing against his honesty in my life.

Mr. Raine. Q. Have you known him lately? - A. Yes; I live at No. 9, King's-Bench-Walks, Surrey, I am a hatter.

HENRY CHALK sworn.

I have known Hutchinson near upon two years he is a very honest man for any thing I know; I never knew any thing to the contrary.

I have known Hutchinson between three and four years; he sat up with my sister's husband who was out of his mind; he was trusted with a great deal of plate, and other property, and conducted himself very honestly.

THOMAS HODGSON sworn

I am a waterman in Thames-street, Bank-side; I have known Hutchinson about five or six years, he bought a watch of me; his general character is that of an honest young fellow.

Mr. Raine. Q. You have not seen much of him lately? - A. No.

For Brown.

SARAH WILLIAMSON sworn.

I live in Robinhood-yard, Leather-lane, I keep the Robinhood; I have known Brown all his life-time, he is a very honest sober youth, as far as I know; he served his time to a printer .

THOMAS LYNES sworn.

I live at No. 17, King's-street, Seven-dials; I keep a cook's-shop; I have known Brown between eight and nine years, I never heard any thing of him but what was very honest; I know all the family.

MICHAEL ROCHE sworn.

I live in Redcross-street, in the Borough: I have known Brown from six years old; I never heard any thing laid to his charge before this in my life.

RICHARD BUSH sworn.

I live in King's-bench walks, St. George's-fields; I have known Brown between four and five years; I never heard any thing amiss of his character; I always looked upon him as a sober, industrious young man

Hutchinson, GUILTY , Death . (Aged 20.)

Of stealing the goods above the value of 40s. but not of the burglary.

Brown, NOT GUILTY .

Tried by the first Middlesex Jury, before Mr.Justice LAWRENCE.

Reference Number: t17960622-69

410. WILLIAM HUTCHINSON and JOHN BROWN were indicted for breaking and entering the dwelling-house of William Selfox , about the hour of twelve in the night of the 2d of February , and burglariously stealing 50 pair of women's stays, value 40l. the property of the said William Stelfox .

WILLIAM STELFOX sworn.

My dwelling-house is at Holborn-bridge: my house that was broke open is at No. 12, St. Clement's church-yard .

Q. Did you ever sleep there? - A. Never, since I removed to Holborn-bridge, which was in September last.

Q. Did any servants sleep there? - A. No; I left St. Clement's on Thursday the 25th of February, in the evening, between six and seven; and the next morning, when I went to open the shop between seven and eight, I unlocked the same as usual.

Yes, I did; in the morning when I opened the door, I saw two glass-cases which I have, and which hang on the outside, were taken down off the books in the shop.

Q. Was the house broke at all? - A. Only up in the dining-room; I got into the shop as usual; I found the stays all gone from the shop window, and I immediately ran up into the dining-room, and found the dining-room door forced open, and all the stays gone out of the dining-room; then I came down stairs and went to Holborn bridge, and let my wife know of it, and then I directly sent her to Bow-street, to have some bills printed.

Q. Have you ever seen any of these things again? - A. Yes; one of the police officers came from Lambeth-street, Whitechapel, to inform me of a pair of stay, which I know to be mine; I saw them at the office.

Cross-examined by Mr. Knapp. You had left this house in St. Clement's church-yard, by way of sleeping there in September? - A. Yes.

Q. You missed your property in February? - A. Yes.

Q. Had you ever any idea from that time till the time of the robbery, of sleeping at St. Clement's? - A. No; I meant to sleep in the city, because the city making such improvements as they did, I could not so well sleep in St. Clement's church-yard.

ANN BENJAMIN sworn.

I am a married woman, I live in Harris-street, Blackman-street, in the Borough: One night, of a Wednesday or Thursday, I cannot say which, between nine and ten o'clock, I suppose, about two months ago, or ten weeks, I cannot rightly tell, my husband and I were going to bed, and I heard somebody lift up the latch of the door; my husband looked out at the window, and it was Mr. Hutchinson; Mr. Hutchinson came in, and another man was with him that is in custody now over the water, his name is Eastwick; not the other prisoner; Hutchinson said, I have brought a man here who has got some stays to sell, will you buy them; I told him it was too late; if he would stay till to-morrow we would go and look at them; he said, that gentleman was going away to-morrow; that he drove some coach, I cannot recollect what coach; he and Mr. Hutchinson said, if you like to leave them in my house, my house shall be at your service; and we went along with Hutchinson, and Eastwick went outside with the coachman, and drove the coach himself, and we went to Hutchinson's house, somewhere near the New Church in the Strand, but what street it was I do not know; we went up stairs, and Mrs.Hutchinson, and Mr. Brown, and another woman, were playing at cards; Mr. Eastwick went up and opened two glass doors where the stays were in a brown Holland bag; he brought the bag out and shewed me some stays, but nothing nigh the number that this gentleman says he lost; I asked him what he asked for them, I think he said 12 or 14 guineas, I cannot rightly say what sum it was; we agreed for 10, but I did not give 10 for them; we had but two guineas about us, and we gave him them, and begged of Hutchinson to pass his word for me for the remainder; he said, it was nothing to him; was it his property, if it was five times the money he should not be afraid to trust me, for be knew where I lived; we got away the stays the next day, they were tied up as we left them; Mrs. Hutchinson delivered them to us.

Q. This was Mrs. Hutchinson's house, was not it? - A. Yes; it was.

Q. How many pair had you? - A. I suppose about 20 or 24, I cannot rightly say; I gave but seven guineas and an half for them altogether, for I found I had offered too much for them; I got but half a guinea by them after I had sold them; here is one pair of the stays in Court, that I kept for my own wear; the officer has got them.

Cross-examined by Mr. Jackson. Q. Hutchinson's house was full of lodgers? - A. Yes; she always did keep lodgers.

Q. And Eastwick lodged there too, did not he? - A. I don't know.

Q. As to Brown, all that you know is, that he was playing at cards with a woman? - A. Yes.

Q. And as to Hutchinson, all that you know about it is, that he brought this man, Eastwick, to you? - A. Yes.

Q. And you bargained with Eastwick for them? - A. Yes.

Court. Q. Do you know whether Eastwick was a lodger there? - A. I don't think he was; I cannot rightly say whether he was or not.

JOHN GRIFFITHS sworn.

I am a constable belonging to Lambeth-street,(producing a pair of stays,) I received them from Mrs. Benjamin; on Wednesday the 18th of May, I apprehended the prisoners; in Hutchinson's room I found a horse pistol, a pocket pistol, two crows, and these picklock keys; Hutchinson was in the one pair of stairs, and Brown in the two pair.

EDWARD SMITH sworn.

On Saturday the 7th of May, I went in company with Griffiths, and the rest of my brother officers, to Hutchinson's house in Hollis-street, Clare-market; I apprehended Brown in the two pair of stairs, he was in bed with another young man; I told them I had an information against them for housebreaking, and desired them to get up; they got up, and while they were dressing themselves I found in a drawer in Brown's room these false keys,(producing them).

Cross-examined by Mr. Knapp. Q. The man you found in bed with Brown was not Eastwick? - A. No; I understand his name was Jones.

Mrs. Benjamin. I believe these are stays I gave to Mr. Griffiths, I will not venture to swear they are the stays.

Court. Q. Will you swear that the stays you gave to Griffiths, were bought at Hutchinson's? - A. Yes.

Steifox. These are my stays; I am sure they are mine.

Q. How do you know they are a part of the stays you lost? - A. In regard of the scoring of them, and the shape of them; they are cut out by my own hands; when I cut them out I mostly number them inside.

Q. What is the number? - A. I cannot say without undoing them; it is inside the lining, (cuts it open) this is my hand-writing.

Cross-examined by Mr. Knapp. Q. You make a great many stays in the course of a year? - A. 1700 pair.

Q. Do you always put the same mark, and make them in the same shape? - A. The marks are not regular.

Q. Will you take upon yourself to swear you have never parted with that pair of stays? - A. Yes; because I had but two pair of stays made in this manner, this is the first that ever was made with a bow in the front in this manner.

Q. Is there any other person engaged in your trade, besides yourself? - A. No; nobody.

Hutchinson's defence. I have nothing to say.

Brown's defence. I know nothing about the property, I never saw it.

Hughes, GUILTY, Of stealing, but not of the burglary, or in the dwelling-house .

Brown, NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17960622-70

443. CHARLES, otherwise WILLIAM CROSSWELL was indicted for assisting, permitting, and suffering one Isdwell Isdwell to escape out of prison .(There was no evidence offered against the prisoner.)

I am a labourer in Whitecross street; I lost my watch some time in the month of May, on a Monday; I went home with the prisoner about twelve o'clock at night, I slept there; when I waked in the morning about four o'clock there was nobody in the room, and the watch was gone and the money; I went back in about an hour, and she was then in the room; she said she did not take it, but I sent for a constable and had her taken up; there was another woman in the room; I was very much in liquor; the other told me in the morning I should have it if I would go with her, but this woman would not let her go with me; I have never seen it since.

MARGARET CONNOR sworn.

I came out of Yorkshire, I have been married about three months to a soldier; and I was coming through London, and I met this woman, and I asked her for lodgings; I went home with her and slept with her, may be about a week, and she brought this man to the house to sleep and put him to bed.

Q. Was he very drunk? - A. I am sure I do not know; and then we went into a neighbour's house; she went up stairs for a candle, and I followed her; I met her upon the stairs with the man's breeches, and putting his watch in her bosom; I did not see the money, how much there was; she put it in her pocket; I burst out a-crying, and said, what shall I do? and she said, what a fool I was to cry, and desired me to walk with her all night; and she met a man in the morning and gave it to him or fold it to him, I don't know which; and I wanted to tell this man that she had given his watch away; and she cried and begged me not to do it.

JOSEPH WATSON sworn.

I apprehended the prisoner and the last witness; she was very violent, and made use of very bad expressions; she ran to get a knife, and swore she would not go to any gaol; I lost two or three days looking after the watch, but never found it.

Prisoner's defence. I went into a public house to get some beer, the prosecutor was sitting there; we were both in liquor; he gave this woman a shilling and me a shilling, and this young woman made a bed upon the ground; and he waked me in the night and said his watch was gone, and the young woman was gone, and he gave me leave to go and see after her; if I had stole it I should not have gone back to the room again; the gentleman offered me four guineas to put off my trial till next Sessions.

For the Prisoner.

THOMAS KENNETT sworn.

I have known the prisoner seven years; she is a very industrious hard working woman, and goes out a chairing; I went with another man to the prosecutor, and he said he would make it up for four guineas, and he would wait till next Sessions for the money; I offered him a guinea and an half.

The prisoner's brother lodges at my house; I went with him to the prosecutor last week, to offer him a guinea and a half, in part of four guineas, but he said he would wait till next sessions, to have it altogether; I have known her between five and six years, coming backwards and forwards to my house, I never heard any thing amiss of her.(The prisoner called one other witness, who gave her a good character).

GUILTY . (Aged 26.)

confined six months in the House of Correction , and fined 1s.

Tried by the first Middlesex Jury, before Mr.Justice BULLER.

Reference Number: t17960622-72

445. WILLIAM PRUDENCE was indicted for feloniously stealing, on the 28th of May , a piece of muslin, embroidered with gold and silver, ten yards in length, value 4l. another piece, ten yards in length, value 5l. a piece of printed muslin, ten yards in length, value 2l. a silk handkerchief, value 3s. and a piece of wrapper, value 1s. the property of William Sykes , and John Sykes .

Second Count. Laying it to be the property of Alpress Ashton .(The case was opened by Mr. Knapp.)

WILLIAM STAFF sworn.

I live with Mr. Alpress Ashton , at Wisbeach, he is a linen-draper .

Q. Do you remember any goods arriving from Mr. Stedman's? - A. Yes; the goods in the indictment were returned, not being approved of, I marked them of, I sent them by the carrier to London, directed to George Stedman and Co. they were in a truss, I saw them delivered to the waggon.

JOHN KIRBY sworn.

I am servant to Messrs. William and John Sykes, they keep the Catherine-wheel Inn, Bishopsgate-street .

Q. Do you remember the Wisbeach waggon bringing a truss? - A. Yes; directed to a person in Bow-church-yard, a Mr. Stedman; I put it into a cart at the Catherine-wheel inn, in Bishopsgate-street; I lost it between the Catherine-wheel, and Queen-street, Cheapside; I delivered some more things there, and found this truss missing.

Q. Are you sure this truss was in your cart? - A. It laid at the bottom of the cart, behind.

WILLIAM SYKES sworn.

I am in partnership with John Sykes, we keep the Catherine-wheel inn, Bishopsgate-street; I remember receiving this truss from Wisbeach.

SAMUEL HARPER sworn.

I am one of the Police Officers: on Saturday the 28th, about twelve o'clock in the day, or it might be after, I saw Mrs. Benjamin, and the prisoner at the bar, both in company together, walking along Shoreditch; I was afraid they would see me, and I went to Worship-street to call some officers, not so well known as I was; we got some officers, and went in pursuit of them, but they got into a public-house; some how, one of them knew where Prudence lived, and I left them.

WILLIAM PEACH sworn.

In consequence of an information I received from Harper; on Saturday the 28th of May, between twelve and one, I went down Shoreditch in pursuit of the prisoner; I went to his lodgings, in Old Cock-lane, it is the corner house of Old Cock-lane, Blackiter was with me; he lodges up three pair of stairs; I went up stairs, and Blackiter after me; I went into the room, and saw the prisoner in a room opposite, in looking behind the door, is a bed, and I found this property upon the bed; I then asked the prisoner if it was his property; he said, no, he did not know how it came there; he said, he had been out, and he supposed it had been left there while he was out; upon that I looked over the property, and found this large bill of parcels.

Q. Did you see Mrs. Benjamin there? - A. Yes; I saw her shove this bill of parcels under it; I asked her, in the presence of the prisoner, if it was her property, and she would not own it; then there was a Mr. Benjamin, her husband there; I asked him, and he said, he knew nothing about it, the prisoner did not deny that it was his room; I looked at the property, and searched them all, and searched the room for the wrapper, but I could not find it; then I took them to the office, and they were committed; I got the key of the room and went back again, and found a bill of parcels under the chair, which alludes to the remainder of the property.(producing them).

Q. (To Staff). Are these the things you sent? - A. Yes.

ANN BENJAMIN sworn.

I know the prisoner; I was going along Shoreditch with my husband; the prisoner came up to my husband, and told him he had got some things to sell, my husband said to me, in Dutch, that he would not go, and desired I would go; going along, I saw Harper; I am sure these things would never have come to light, but for me; Prudence asked me, if I knew that man, I said no; because I was afraid he would not take me to his house; he said, he was a trap at Worship-street Office; I went to Prudence's house, I knew Harper would follow me; I went up three pair of stairs and saw these things upon the bed, there was a bill of parcels he shewed me, I said, I could not read not write, and then

Q. Did the prisoner tell you where he got these things? - A. No; he said they were new things, and wanted me to buy them.

Prisoner's defence. I was going along, and met Mr. Myer's, and he asked me where I was going; I told him, I was going home, and he begged I would let him leave them at my house till his wife came in the evening for them; this woman said, her husband could not come, because he had got six gold watches that were got from the election in the Borough.

GUILTY , (Aged 49.)

Transported for seven years .

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17960622-73

446. WILLIAM LOWE was indicted for feloniously stealing, on the 16th of June , a piece of printed cotton, containing twenty-eight yards, value 38s. the property of Timothy Fisher , and John Fisher .

It appearing upon the evidence, that the prosecutor's names were Timothy Fisher , and John Spicer Fisher , the prisoner was ACQUITTED .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17960622-74

447. JAMES HARDWICKE was indicted for breaking and entering the dwelling-house of John Champion , about the hour of two in the night, of the 17th of June , and burglariously stealing a hempen sack, value 1s. four canvas bags, value 2s. and 76lb. weight of tea, value 16l. the property of William Champion , the elder , John Champion , and William Champion , the younger , in their dwelling-house .

Second Count. Laying it to be the dwelling-house of John Champion, and William Champion , the younger.

JOHN CHAMPION sworn.

I live at the corner of Broken Wharf, Upper Thames-street ; I live in the house, the junior partner lives in it with me. William Champion, the younger; the rent of the premises is paid by us all out of the trade; William Champion , the elder, lives in Old-street, he is a married man, and got a family.

Q. Do you keep any shop? - A. Wholesale grocers, and tea dealers .

Q. Is the shop part of the house? - A. The shop, and house, and warehouses, are all under the same roof, with communications from one to the other: on Friday the 17th of June, our warehouse was broke open, and entered at the two pair of stairs back window, that abuts to a timber-yard; I had not observed that window the evening before, it is a window that has never been opened since the warehouse was built; in the morning, between seven and eight, I observed it was forced in; we lost a great quantity of tea, from seventy, to about eighty or ninety pounds weight.

Q. Are you certain that you lost any? - A. Yes.

Q. Did you ever find any of it again? - A. Yes; it is found, and will be produced in Court; the packages that it is contained in, some of our clerks can swear to; I don't know them myself sufficiently to swear to them.

JOSEPH DURRIGE sworn.

I am one of the patroles belonging to the ward; I went round the ward upon duty, and about sixty yards from Mr. Champion's, about two o'clock in the morning, I met the prisoner with a sack upon his back; I asked him what he had got in his sack; he asked me if that was not the way to Billingsgate; I said, no, it was the way to Blackfriars-bridge; I said, I dare say he knew the way to Billingsgate as well as I did; he said it was a sack of clothes; I asked him where he brought it from, and he told me he brought it from one Mr. Gibson, a cornchandler, or corn-dealer, in Leather-lane, Holborn; he said, he wanted to go to Billingsgate to go off with the Gravesend boat; I told him he must go with me to the watch-house; there were three green carts going by, and he ran round those carts about twenty yards with the sack on his back; I sprung my rattle, and a watchman seized him, and he got away from the watchman about one hundred yards, and he was caught again, and brought to the watch-house, and then the sack was examined by the officer of the night.

Q. Who took up the sack? - A. One of my brother officers, Richard Munn ; he is not here; I know it is the same sack that he chucked off his back, it was not out of my sight; the sack was opened, and it contained four bags of tea.

DANIEL MUNRO sworn.

I am the constable of the night; about twenty minutes after two in the morning, as I was in the watch-house, I heard the rattles, I went out, and saw a man running; he was soon stopped, and brought back, and the bag with him; it was opened and contained tea; I found some duplicates, a knife that I have in my hand, and this cord, and this quantity of sugar (producing them); the duplicates were delivered to him again before the Magistrates; this sack, containing the bags of tea, has been in my custody ever since; when I asked him where he got the sack, he said he found it upon Blackfriars-bridge.

I live with Mr. Champion; I did not observe the window the night before it was broke; I know the bags, they were in our possession the night before; the tea was kept in cannisters; it was put into these bags. On Saturday morning, the 18th of June, at six o'clock, the first thing that took my attention was the lids off the cannisters, the cannisters out of their places, and every thing in confusion; some of the small cannisters were entirely emptied; on further examination, we found that the warehouse had been broke open by the forcing in a sash-window, which was nailed up; and in order to ascertain our loss, we weighed our stock of tea, when there appeared to be a decrease of eighty pounds, more or less of that tea, and three of these bags here are marked by me; tea is an article no man can swear to.

Q. When can you speak to having seen that window? - A. I cannot answer to that.

WILLIAM NIBBS sworn.

I live with Mr. Champion; the night before the robbery, about eight o'clock, I was all round the house to see the windows, as it was customary every night, and I saw that every thing was safe in the house.

Q. And particular by this window? - A. Yes; because that window fronts the stairs as you return down stairs; the next morning, about half past six, or not quite so much, I saw it was broke in; the window is two story high from the ground, he could not get in without a ladder, or being upon the premises.

Q. Was any ladder found there the next day? - A. Not that we perceived.

Prisoner's defence. I was drinking in Portpool-lane, Gray's-inn-lane, at half past twelve o'clock, I was a little in liquor, and as I was going home, I went to make water upon Blackfriar's-bridge, and found this sack; I thought it was cloaths, I did not know what, I thought to carry it down to Billingsgate, to see what was in it.

GUILTY . Death . (Aged 27.)

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17960622-75

448. WILLIAM MILLER was indicted for feloniously stealing on the 1st of June , a leather pocket book, value 2s. the property of Andrew Stoever , privily from his person .

ANDREW STOEVER sworn.

On the 1st of June, I was going from the Custom-House, to my lodgings, and when I got home, I missed my pocket-book; I went back immediately, and I heard it was stolen from me.

Q. Are you sure you had the pocket-book about you, when you came from the Custom-House? - A. Yes.

Q. Did you feel it taken from you? - A. No; it was about twelve o'clock at noon when I got home, I did not see the prisoner at all.

- BACON sworn.

I was looking out at a window, and saw the prisoner pick the gentleman's pocket, and I called a person to stop him, and when he came back, he had dropped the book; I cannot say it is the same book that he took out of the gentleman's pocket, a boy brought it up to me, and said, that was the book he had seen him drop.

Prosecutor. This is my book, there are three bills of lading in it that I got at the Custom-House.

Q. Whereabout do you carry that book? - A. In the outside pocket, it is worth 2s.

Prisoner's defence. I was going of an errand when I was taken.

For the Prisoner.

ANN MATTHEWS sworn.

I live next door to the prisoner's mother, she is a widow, he lives with her and makes baskets for me, I believe that is his only employment; he has made some for me, and several that I have recommended him to make, it is about six weeks ago that he made me the last; I never heard any thing amiss of his character, she has other children smaller than him.

GUILTY . Death . (Aged 15.)

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17960622-76

449. ANN SWIFT was indicted for feloniously stealing on the 18th of May , a silver tea spoon, value 6d. the property of Elizabeth Ann Jacques , spinster .

SARAH HILL sworn.

I know Elizabeth Ann Jacques , she lives in Neville's-court, Fetter-lane , I am a mantua-maker, I work journey-work for Miss Jacques; the prisoner sells cats-meat , she came in as usual, and I saw her take this spoon out of the usual, and I went and called a man in; I made myself sure whether she had it or not, by looking into the cupboard; as she was unpinning her stays, she said, how funny it would be if it should drop from her stays; she said, she would not be searched by any man, we might search her, and we told her it was not our place; she said, the constable's wife might search her.

ANN PRICE sworn.

The prisoner came in, and Sarah Hill looked in the closet, and missed a spoon; the prisoner said, she had got a louse, and then she took the spoon out of her bosom; she said, how funny it would be if it was to drop from her stays.

Q. This poor woman has been in the habit of serving at your house six or seven years? - A. Yes.

Prisoner's defence. I had been with a friend, and got some liquor, I did not know what I was about.(The prisoner called three witnesses, who had known her from seven to twelve years, and gave her a good character).

GUILTY .

Privately whipped and discharged.

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17960622-77

450. JOSEPH STARMER was indicted for feloniously stealing, on the 10th of June , a saw, value 2s. 6d. and a woollen cloth coat, value 10s. the property of Thomas Hummerston ; an oil-stone, in a wooden case, value 1s. 6d. a plough, value 2s. and a filaster plane, value 1s. the property of John Ashburnham .

THOMAS HUMMERSTON sworn.

I am a carpenter , I lost a hand-saw and a coat from the parlour of Messrs. Wood and Cornish, in New Broad-street Buildings , I was at work at their house: on Whitsun-Monday after dinner, I went into the country to see my friends, and when I came back, I missed my coat and a saw; I was absent a week, the constable has them in Court.

JOHN ASHBURNEAM sworn.

I was at work at the same house with Hummerston; I lost an oil-slone, a plough, and a filaster; I left them in the house, I cannot say justly when the oil-stone was gone, but the plough and filaster I saw there on Wednesday the 8th of June; I missed them the next day; I went round to the different pawnbrokers, and at Parker's, in Grub-street, they wrote down where I lived, and the next morning the pawnbroker's young man brought them to me, he did not seem willing to bring forwards the man, and I summoned him before the Lord-Mayor; I never saw the prisoner before he was taken, to my knowledge.

- HOBART sworn.

I am a pawn-broker; the saw was pledged for 2s. 6d. in the name of Croft, by the prisoner at the bar; the next thing was an oil-stone, on Thursday the 26th of May, for 1s. 6d. and that he pawned in the name of Robinson; the next thing was a plough, which was pledged on Thursday the 9th of June, in the name of Robinson, and a filaster the same day, in the name of Robinson, for 1s. I delivered them to Smith, the officer.

- SMITH sworn.(Producing the property), I received these from the last witness Hobart.

Asbburnham. These things are my property; I know them by my name being upon them, and the filaster I know by a piece being knocked out of it the day before, by a saw.

RICHARD ELDIN sworn.

I received this saw from the pawn-broker.

Hummerston. This is my saw, I know it by the screw, and likewise the maker.

Prisoner's defence. I do not know any thing at all about them.(The prisoner called two witnesses, who gave him a good character).

GUILTY . (Aged 39.)

Judgment respited .

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17960622-78

451. JAMES HARDWICKE was indicted for feloniously stealing, on the 24th of May , a worsted breeches piece, value 8s. 6d. the property of John Cook , privily in his shop .

JOHN COOK sworn.

I am a taylor , I keep a shop, No. 113, Chancery-lane ; I make up things for my own use, to show gentlemen patterns; on the 24th of May the prisoner knocked at the door, and the person of the house opened it, and she called me to come down, he wanted to see some patterns of a waistcoat, and I shewed him some patterns of ginghams, he then asked for Marcellas, he asked me what were the most fashionable mixtures for a coat; I shewed him a pattern card, and he looked over it for two or three minutes, and said, he would call again in a day or two; I told him half a-guinea a piece the gingham waistcoats; after he was gone, I was putting up my patterns that he had been looking at, and I missed this breeches-piece, immediately as he turned out, I pursued him through Temple-bar; I did not see him that way, and I turned Fleet-street way, and saw him at the corner of Fetter-lane, with my property upon him, and I took him into Mr. Geary's shop, he had it in his pocket, I gave it to the constable, Mr. Fidler.

JOHN FIDLER sworn.

(Produces the property); I received this from Mr. Cook, and have had it ever since.

Cook. This is the exact piece that the prisoner took out of my shop.

Prisoner. I have not any thing to say in my defence, I leave it to the mercy of the Court.(The prisoner called two witnesses, who gave him a good character).

452. ISAAC MOSES was indicted for feloniously stealing, on the 8th of June , a leather pocketbook, value 6d. the property of Charles Munns .

FRANCIS GRAY sworn.

I was going down Cheapside , I thought I felt something at my pocket; the prisoner was a few yards before me, I suspected him; I saw him put it under his coat, and he took to running; I pursued him and stopped him, and he gave it me; he then run away again, and I called stop-thief; he was stopped, and I took him before Sir Richard Glynn ; it was my master's book, Charles Munns , it is a book that has always been used in the business by the clerks.

Cross-examined by Mr. Ally. Q. There was a crowd of people about you? - A. The same as in general in such a public street as that.

Q. Had you seen the prisoner behind you? - A. I did not take any notice of having seen him before; I applied my hand to my pocket, and missed my book, and he was then a yard and a half, or two yards from me.

Q. He gave it you the moment you asked him for it? - A. Yes.

Q. Who gave you that book? - A. When the other clerk went away he left the book and I took it.

Q. Is it not usual for the master to give the books to his clerks when they have done? - A. I believe not.(The prisoner left his defence to his Counsel, and called seven witnesses who gave him a good character).

GUILTY . (Aged 30.)

Transported for seven years .

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17960622-80

453. JOHN GRIFFITHS was indicted for feloniously stealing, on the 30th of May , a canvas bag, value 2d. and 1l. 9s. in money , the property of Thomas Crowther .

THOMAS CROWTHER sworn.

I am a publican in St. Giles's, Cripplegate ; I lost a bag with some money in it; there was a bad shilling in it, that I an swear to, there were 29s. in it when it was told out; I lost it between ten and eleven o'clock on the 30th of May; my son saw the prisoner take it.

THOMAS CROWTHER , JUN. sworn.

I am son of the last witness; I am near 14 years of age; the prisoner came into my father's house for a glass of gin, with a woman at the door that sells greens; and he gave me a shilling to change; he observed which till I put the bag in that I took the sixpence out of; he walked up and down the taproom, I had no suspicion of him, and I went into the kitchen; my mother heard a noise, and ran towards the bar and saw the prisoner in the bar shutting the till; he turned short out, and shut the door after him; I asked him what he wanted, he told me to give him change for sixpence and take for a glass of gin; I told him he had paid for it; he did not know what to say, but concealed the bag in his hand behind him; I turned back to go to my mother, and he threw the money bag upon the counter again; my mother asked him what business he had in the bar; he said he had not any business there, and then he was taken into custody.

RICHARD ELDIN sworn.(Produces the bag of money,) I received it from Mr. Crowther's son; I searched the man to see if he had got any more, and I put my hand in his pocket, and he had a pocket book with two half guineas in it; it did not appear that it belonged to the prosecutor, and I returned it to him.

Prosecutor. This is the same bag, I made it myself; I am sure it is mine; there is a bad shilling among them, that I can swear to, I have had it by me two or three months.

Prisoner's defence. My Lord, and Gentlemen of the Jury, I know nothing about the purse; I wish to ask a few questions of the boy.

Q. What change did you give me? - A. Sixpence and fourpence; I gave the sixpence out of the bag.

Q. Did I drink the gin? - A. No; another man.

Prisoner. I had no more to do with it than a child unborn; I support a poor mother and five children by my hard labour.

GUILTY . (Aged 35.)

Judgment respited .

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17960622-81

454. DAVID EVANS was indicted for feloniously stealing, on the 13th of June , four silver table spoons, value 24s. the property of Thomas Smith ; two linen sheets, value 1l. a damask table cloth, value 1l. two waistcoats, value 1l. two pair of leather boots, value 1l. 10s. three woollen cloth coats, value 1l. 5s. a pair of leather breeches, value 10s. two pair of kerseymere breeches, value 10s. a man's hat, value 5s. and a muslin handkerchief, value 3s. the property of William Fletcher , in his dwelling-house .

WILLIAM FLETCHER sworn.

I live in Russel-place , I am an attorney : On Saturday the 11th of this month I went out of town, and left the prisoner at the bar with other servants in care of the house; he was my servant , he had been with me about three weeks; I returned home on Monday morning about eleven o'clock, the prisoner was gone, and I missed the several articles mentioned in the indictment; the prisoner borrowed the table spoons of Mr. Smith, in my name; on the

Tuesday morning, I found him at Bow-street; I understood he had been taken by a clerk of mine, John Andrews , the property is in the custody of an officer.

JOHN LUPWORTH ANDREWS sworn.

I am clerk to Mr. Fletcher: Some time in the week preceding Sunday the 12th of June, I carried some of my things to the servant to wash. On the Monday morning they were gone, and the prisoner was gone; I went after him in order to recover my property; there was a person with the prisoner on the Sunday of the name of Webber, who had accidentally left his direction where he lodged, at No. 5, Derby-court, Piccadilly; upon that I concluded it was likely the prisoner would be there; I went after him, and when I got there and enquired where Webber lived, I suppose he had seen me, but he ran out of the court; I ran about two or three turnings after him, and took him in a stable-yard, I did not notice the street particularly; when I took him there was a person of the name of Limerick coming along, who went with him to Bow-street; he had two table spoons and some duplicates found upon him; Limerick belonged to the office.

RICHARD LIMERICK sworn.

I searched the prisoner, and found two silver spoons, and a quantity of duplicates; this hat on his head, and this cravat on his neck, I gave Mr. Fletcher the duplicates.

Mr. Fletcher. I believe the hat is mine, there is no mark upon it; I lost such a one; I selected from the duplicates such as I thought were my property; I delivered them to Andrews, and desired him to go to the pawnbrokers and order them to appear at Bow-street.

Andrews. I went to Messrs. Patmore and Berry, pawnbrokers on Ludgate-hill, with the duplicates; I think there were two or three; I delivered the duplicates to their shopmen, and they produced the articles at Bow-street.

ROBERT SIMSON sworn.

I am a pawnbroker; I live with Messrs. Patmore and Berry, (producing a coat, waistcoat, breeches, and boots,) I took in the boots on the 4th of June, and the waistcoat on the 30th of May; the coat and breeches were pledged at our house, but were not taken in by me.

Mr. Fletcher. I cannot take upon me to swear to either of these articles.

JOHN SAYER sworn.

I am an officer of Bow-street; I was present at the prisoner's second examination; he made the confession to the officer, not in writing; in consequence of being asked what were done with the other property belonging to his master, he stated, that he left it at an iron shop in Gay's-court; I went with the prisoner in a coach, and left him in the coach while I went to the iron shop, and I went up stairs to a box, which I had the key of, and found these articles; but it was in consequence of the prisoner stating where he had left them, (produces them); he did not deny it, but begged he might be permitted to go for a soldier.

Mr. Fietcher. Here is a buff waistcoat I can swear to, a blue coat, and a pair of kerseymere breeches; the table-cloth I cannot swear to.

WILLIAM THOMPSON sworn.

I am a pawnbroker, (produces a waistcoat); I took it in of the prisoner on the 6th of June.

Prosecutor. I cannot swear to this.

WILLIAM CLARIDGE sworn.

I live with Mr. Smith; the prisoner came to my master's house, and borrowed four table-spoons in his master's name.

Prisoner's defence. A man came to see me several times while I was at Mr. Fletcher's, and he persuaded me to come away, for his place would never suit me, and that he would never pay me; and he said, he would have me take some of his property and come away, which I did. I intended to have sent the things back again.

GUILTY. (Aged 18.)

Of stealing to the value of 39s.

Transported for seven years .

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17960622-82

455. LEWIS MORGAN was indicted for feloniously stealing, on the 20th of June , thirteen pounds of moist sugar, value 6s. the property of certain persons unknown .

It appearing in evidence that it was the property of Messrs. Keymer, and Co. the prisoner was ACQUITTED .

456. MARY THOMPSON was indicted for uttering, on the 24th of May , to one Thomas Tomlins , a counterfeit shilling .

Second Count. For uttering a like shilling to Elizabeth Nicholson .

Third Count. For having in her possession a counterfeit shilling.

There being no evidence to bring the charge home to to the prisoner, she was ACQUITTED .

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: t17960622-84

457. EDWARD MAJOR was indicted for that he, on the 1st of June , unlawfully, did send to Augustine Rayner , a letter, threatening to accuse him of an unnatural crime, as follows: addressed,"Mr. Rayner, No. 81, Aldersgate-street."Sir,"I received the letter respecting the bill which"I gave you when we parted, and you know I"I have it not in my power to pay it, and if I"had it is an unjust demand; and I have only to"observe, if you do not immediately return it to"me, as an acknowledgement for that obscene"offence of sodomy, attempted on Saturday the"22d of August last, I am advised to prosecute"you with the utmost rigour of the law; that"that which is done in secret, may be revealed"upon the house tops. E. Major." (The case was opened by Mr.Knapp.)

JOHN CLARKE sworn.

I am one of the Marshalmen of the City.

Q. Look at that letter? - A. I got it from Mr. Alderman Glynn.

AUGUSTINE RAYNER sworn.

I follow the business of copy-book-making ; I entered into partnership with the prisoner about two years ago; we continued in partnership about a twelvemonth, when there was a balance due to me, from the prisoner, of fifty pounds; the prisoner being a man of no property, I agreed to take a fun of money for which he gave me a promisory note for 9l. 10s. 10d. which was due in December last.(Produces it).

Q. How soon after this did you receive a letter from the prisoner? - A. About six months after, the first of June, by the penny-post.

Q. Look at that letter; is that the letter you received? - A. It is.

Q. Do you know the prisoner's hand-writing? - A. Yes; I believe it is his writing; I have not a doubt of it. (The letter read).

Q. Had you paid the note away? - A. No, I had not; I gave it to another person.

Q. Did any other person lodge in the house at the time that you did? - A. Yes, two or three other persons; the prisoner and I slept together for the time of our partnership.

Prisoner's defence. It is about two years since we first entered into partnership; the agreement was not a written agreement; I said, we had better have an attorney; he said, that would be an expence; I said, if he was willing to take my word I would take his, as he was a professor of religion; he kept the books, I did not know how things went on; he went out of town for a week and locked up the books, I was obliged to have the place broke open; and when he came home he slew at me, and I said, I was determined to part with him; and in the night, as we were in bed together, he attempted this soul crime upon me.

For the prisoner.

HENRY ROBOTHAM sworn.

I have known Mr. Rayner and Mr. Major almost ever since they commenced partnership; one morning Mr. Major came in to me, and said, he would not sleep with such a nasty fellow as he was, and begged I would let him sleep with me; I told Rayner, and he said, I thought he would report this of me, as I found myself near him in the morning; Mr. Rayner declared to me, that he made a parting in the bed in case he should find himself as men are apt to let their seed fly, left he should get near him.

Court. Q. When was this? - A. I cannot say; it may be six months from this time, or nine months; it is impossible for me to tell.

Q. Do you think it was so late as September or October? - A. I cannot form an idea.

The Jury gave in the following verdict:

GUILTY.

We think there is no foundation for the charge of the prisoner against the prosecutor.

Case referred to the opinion of the Judges .

Tried by the London Jury, before Mr. Justice BULLER.

Reference Number: o17960622-1

WILLIAM TILLEY , and others.

WILLIAM TILLEY , and several others, were tried this time twelvemonth, and the case was this: One Isdwell Isdwell was apprehended for forgery, and was committed to Clerkenwell prison, and detained there for felony till the 3d of April, on which day, the indictment charged, that the prisoners were unlawfully aiding and assisting the said Isdwell Isdwell, then being a prisoner in the said gaol, by virtue of a warrant of commitment, to attempt to make his escape. The prisoners were convicted upon this indictment; and after the verdict, two objections were made by the Counsel for them, First, that the statute did not extend to any case in which there was an actual escape, And secondly, that the indictment, upon the face of it, was informal, because it did not, in words, state that Isdwell ever attempted to make his escape. These two questions have been argued very fully before all the Judges; and, in the course of that argument, Mr. Knowlys, on the part of the prisoners, relied upon a case reported in Keilwey, 87. to support the objection which he had made to the indictment. The indictment in that case was for felony, in breaking the prison, and abetting and commanding the prisoner to go at large, but did not state that the prisoner actually did go at large. The decision was, that if there was no escape there was no felony, and the abetting and commanding did not import that there was an escape; but upon this case it is to be observed, that abetting and commanding to do an act are very different from aiding and assisting in the act, and, therefore, that case will not govern the present; a man may command another to do an act which is never done; where the act is done, the command precedes the act, and, therefore, the averment of a command does not simply a subsequent execution of that demand; but no man can aid or assist another in an act unless the act be done, and, therefore, the averment that the prisoner aided and assisted in the attempt necessarily implies that the attempt was made. It is impossible to make sense of the words, or to read them intelligibly, without saying, in this case, that there was such an attempt. Besides this, in the cases of the King and Glover, and the King and Manwood, both of which were (the indictment is stated in Tremaine) indictments against the Marshal and Wardens for escapes, and they stated, only, that the defendants permitted the prisoners to go at large, without alledging that they actually did go at large; and yet no objection was taken against either of those indictments. For these reasons, the objections to the present indictment have been overruled by the unanimous opinion of all the Judges. But it was also contended, on behalf of the prisoners, by Mr. Knowlys, that as there was an actual escape, this case did not fall within the 16th of George II . chap. 31. upon which the present indictment is founded. This objection ought to have been made upon the trial, and before the verdict; but in criminal cases, it is never too late to revise what has been done; and if, at any time, it appears that the prisoners were entitled to an advantage, though the objection may be made out of time, the Courts are always anxious to give the prisoners the benefit of the objection, and to find out some way in which they may avail themselves of it. The statute of 16 George II. enacts, "That if any person shall, by any means whatever, be aiding and assisting to any prisoner to attempt to make his escape, although no escape be actually made, in case such prisoner is attainted of treason, or felony, except petty larceny, in the warrant of commitment, he shall be guilty of felony and transported." The Judges are of opinion, that this case does not extend to cases where an actual escape is made, but must be confined to cases of an attempt without effecting the escape itself. It is made for the further punishing the persons who shall aid and assist persons attempting to escape, and it creates a new felony; but the offence of assisting a felon in making an actual escape was felony before, and, therefore, does not seem to fall within the view or intention of the Legislature when they made the act in question. Upon this ground, the majority of the Judges are of opinion, that the conviction is improper; but as the objection does not appear upon the face of the record, the Court can only assist the prisoners by recommending them for a pardon of this felony , which they mean to do. In point of law, the prisoners would still be liable to be indicted for the common law offence, but, as they have undergone a long imprisonment already, the Court do not mean to keep them in custody for that purpose. One of them, William Crosswell , appears to be indicted for another felony, that indictment must take its usual course, and, for the present, he must remain in custody to answer to that charge.

THE prisoner, John Henry Gade was tried at the Sessions at this place, holden in February last, on an indictment which charged that William Harrison was possessed of an interest or share of 50l. in the joint stock of 3 per cent. Consolidated Annuities; and that the prisoner made, forged, and counterfeited, and caused and procured to be made, forged, and counterfeited, a transfer of the said 50l. interest with the name of William Harrison thereto subscribed, with intent to defraud the Governor and Company of the Bank of England. There were other counts stated in the indictment, charging an intention to defraud William Harrison and William West .

In support of the charges in the indictment it was proved that the prisoner and Henry Harland were executors of John Howard , who bequeathed to his grandson William Harrison , this 501. share; that on the 11th of January, 1796, the prisoner transferred this 50l. into the name of William Harrison , but the transfer never was accepted by William Harrison ; that afterwards, on the 14th of January, the prisoner brought his son with him to the Bank, whom he said to be William Harrison ; the prisoner signed the transfer, and the prisoner's son, in his presence, signed the transfer, which was properly filled up; but as he wrote his name with a double S, it was required of him to bring an affidavit that he was the person described in the books with a single S, and therefore the broker did not pay the money, and the transfer was not witnessed, which according to the usual form of the Bank should have been done. It appeared also, by the clerks in the Bank, that dividends may be received at the Bank without being accepted, but there are positive orders that there shall be no transfer without, though with the stock-jobbers the transfer is too often made without being accepted.

The prisoner's Counsel made objections, first, that the transfer was not compleated, because it was not accepted, that was the transfer to Harrison; and secondly, that this transfer, which was made or attempted to be made by the prisoner and his son, was not valid, because it was not attested by any witness. These two questions were argued by Mr. Jackson, on behalf of the prisoner, before all the Judges. The first, as I observed is, that the transfer of the stock made to William Harrison was not accepted by him, and therefore it was contended that William Harrison was not the proprietor, nor capable of transferring the stock. But to this there are two answers, first, that by the transfer the property did vest in William Harrison ; and if he had died before he had accepted it, yet the stock would have gone to his executors, as part of his personal estate; secondly, if William Harrison had no stock, that would not vary this case; for the transfer forged by the prisoner is compleat on the face of it, and it imports that there is such stock to be transferred; if there was no stock in the name of William Harrison the attempt to transfer such stock is more daring and impudent, but neither the forgery or the fraud are less complete. The other objection was, that the signing of a transfer of stock in the books kept by the Governor and Company of the Bank of England, was not complete as a transfer until it was witnessed, but the Judges are all of opinion that a transfer is complete without such attestation; for the attestation is no part of the instrument, and is only required by a regulation of the Bank for their own protection. In the case of Bank notes, a regulation is required that the number of the note should be put at each end of it, but if the number be put at one end only there is no doubt but the note would be good, and therefore making a false note of that description would be a forgery. - Mostatt's case bears no resemblance to this; that was the case of a bill of Exchange for a sum under five pounds, and upon the face of that paper it appeared to every person who saw it, that it was not a bill of Exchange, but was absolutely null and void; but here the transfer on the face of it is complete, and no person who looks at that can collect from it that if it is genuine it would not be a complete transfer of the stock. For these reasons all the Judges are of opinion that the conviction is proper.

THE prisoner, Michael Robinson , was tried in February last, on an indictment, charging, that he, unlawfully and feloniously did send a certain letter in writing, bearing date the 12th of January, 1796, without any name subscribed thereto, to James Oldham Oldham , demanding of, and from the said James Oldham Oldham , a certain valuable thing, that is to say, a Bank note. There was a long correspondence, a great many letters were written by the prisoner, in which he endeavoured to work upon the fears of Mr. Oldham, with a view to extort money from him, and the result of the evidence was, that a letter was sent by the prisoner, signed with the letters R.R. which contained a threat to publish a libel on the prosecutor, Mr. Oldham. imputing to him the murder of one Daniel Dolly , unless Mr. Oldham would enclose a Bank note in a letter, addressed to R.R. and to be left at the Cambridge Coffee-house, the top of Newman-street, in Goodge-street; the letter says, "On the side of the bar, at the entrance of the coffee-room, is a bracket for letters, let it be placed

there, between the hours of eleven and one on Thursday next. On that same day, a line shall be sent by a porter to your house to acknowledge the receipt." Upon this evidence, the Jury found the prisoner guilty, but the sentence was respited, in order to take the opinion of the Judges upon different objections, which have been stated by the Counsel for the prisoner. The Learned Judge, who tried that case, stated that he had directed the Jury to say, whether he had sent the letter of the 12th of January, and whether it did not contain a threat to publish a libel, imputing to him the death of Mr. Dolly. And the Jury were directed, that if they were of that opinion, to find him guilty of sending a letter to the prosecutor, threatening to publish a libel, imputing to him the murder of his master, in order to extort money.

This case was argued before the Judges, on behalf of the prisoner; four objections were made to the conviction. First, that this was not a letter without a name. Secondly, that the letter did not contain a threat, or demand, so as to bring the case within the intent and meaning of the statute. 9 Geo. I. chap. 22, upon which this indictment is founded. Thirdly, that a Bank note was not a valuable thing within the meaning of that act. And fourthly, that supposing this case to fall within the words and meaning of that statute, yet, that it is the precise offence described by the statute of 30 Geo. II. which, by making it a misdemeanor only. is a virtual repeal of the statute of 9 Geo. I. upon which this indictment is founded.

As to the first, whether it is with or without a name, is a simple fact, appearing upon the face of the letter itself, it is signed with the two letters R.R. which are so far from being a name, that no man can tell by looking at the letter only, whether it referred to any name, or what name it was.

The second objection depends upon the true construction of 9 Geo. I. The words of the enacting clause are, "If any person, or persons, shall knowingly send"any letter without any name, subscribed thereto, or"signed by a fictitious name, demanding money, ve-"nison, or other valuable thing, he shall be adjudged"guilty of felony, and shall suffer death as in cases of"felony, without benefit of clergy." The statute speaks of a demand, generally, without requiring any particular circumstances, whether it is by letter without a name, or with a fictitious name, but the preamble recites, that several persons had associated, under the name of Blacks, and entered into confederacies, to support and assist one another in stealing and destroying the dear, robbing warrens, and other illegal practices, and have in great numbers armed themselves with their faces blacked, or in disguised habits, killed the deer, robbed the warrens, and have sent letters in fictitious names to several persons, demanding venison, and money, and threatening some great violence, if such their unlawful demands should be refused; and it was contended, by Mr. Jackson, for the prisoner, that the enacting clause ought to be restrained by the preamble, or at least so far that the demand must be direct and peremptory, and accompanied with a threat of bodily harm. Where the enacting clause of a statute refers to such offences only, as are contained in the preamble, it may be restrained by the preamble, but in this case it would be doing violence to very plain words, if it was so restrained. It is no uncommon thing for a statute to recite the cause of making that statute, and yet for the enacting part of it to embrace more general cases. If the enacting clause in this case were to be restrained by the preamble, it would refer only to where several persons are joined together in a confederacy, where the letter is signed with a fictitious name only, and where they demand venison or money, but a letter signed with or without a name, extending to a demand of any valuable thing, as well as of money or venison, and to all demands, by such letters, whethere accompanied with a threat of bodily harm or not, I agree that a mere request, such as asking charity, without imposing any conditions, would not come within the sense or meaning of the word demand; but here the demand is, as the Jury truly said, when they found a general verdict of guilty of sending a letter, threatening to publish a libel containing a threat to impute the death of his master. The Judges are all clearly of opinion, that it is a demand within the true intent and meaning of the statute, it is a demand of money or mony's worth, which a Bank note is, by means of holding out a threat to impute murder to the prosecutor, and to injure his same, and his character, and not a request of voluntary charity. That a Bank note was a valuable thing, at the time the demand was made, was rightly admitted by the Counsel for the prisoner; but it was contended that it was not so at the time of making the statute, because it was not a subject of larceny. The Judges are all of opinion, that if the thing demanded be valuable at the time of the demand, that is sufficient, though the thing demanded did not exist, or the value of it was not known when the statute was made; but in truth, a Bank note was a valuable thing at the time the statute was made, though it might not come under the denomination of goods or chattels, or be the subject of larceny, but it might at any time be turned into cash, and was to the owner of the value of the money for which it was given.

The only remaining question is, whether the statute 9 Geo. I. upon which this prosecution is founded, was repealed. It was truly contended by Mr. Jackson for the prisoner, that if one Act of Parliament makes a particular case a capital offence, and a subsequent Act of Parliament makes it only a misdemeanor, the last act is a repeal of the former, and so it was decided in one Davies's case, in 1783, upon this statute, which makes it a capital offence to kill or wound any deer, in any park. The statute 16 Geo. III. chap. 30, having made that a misdemeanor only, was holden to be a repeal of the former; but if the two statutes can stand together, that does not apply here; the 9th Geo. I. extends to such cases only, in which there is an actual demand, and the 30th Geo. II. reaches cases which fall short of a demand, and includes letters sent with a view to extort money, though no demand is made. The consequence is, that none of the objections are well founded, and the conviction is right.

THESE two prisoners were indicted for that they, on the 19th of November, in the 36th year of the present King's reign, about the hour of six in the night of the same day, the dwelling-house of Merriel Neville , spinster, and Ann Neville , spinster, did break and enter, with intent the goods and chattels of the said Merriel and Ann Neville to steal, take, and carry away. To this indictment they pleaded specially, that at the same Sessions of Gaol Delivery holden at this place, they stood indicted for that they, on the 19th of November, in the 36th year of the King's reign, about the hour of six in the night, the dwelling-house of Merriel Neville , spinster, and Ann Neville , spinster, did break and enter, and one pair of scales, and a great many other things, the goods and chattels of Merriel Neville, spinster, other goods the property of Ann Neville , spinster, and other goods the property of Susannah Gibbs, widow, in the said dwelling-house then being, burglariously did steal, take, and carry away, and that upon that indictment they were tried and acquitted. Thus they have pleaded in bar to the indictment which is now depending; to this special plea there was a demurrer upon the part of the prosecution, and that demurrer has been argued before all the Judges of England. On the part of the prisoners it was contended by Mr. Knowlys, that as the house mentioned in the two indictments, and the times mentioned in each indictment when the offence was committed was the same, therefore the offence was the same, and the acquittal on the former indictment was a bar to the present prosecution. He also defined burglary to be a felonious breaking of the dwelling-house and stealing the goods, or with intent to commit a felony, and relied upon two case in Kelynge.

The question in this case is, whether the two offences described in the two indictments can be said to be the same; that there was only one act of breaking the house, and one felony at one time must be taken to be clear, but that does not decide the question. The crime of burglary is of two sorts, first breaking and entering in the night-time, and stealing goods there: secondly, breaking and entering in the night-time with intent to commit a felony, though that felony be not committed; the circumstance of breaking is common and essential to both, but it does not of itself constitute the crime in either, for there must be a larceny committed or a felony intended, without one of them the crime of burglary does not exist; and these offences are so distinct in their nature, that evidence of one will not support an indictment for the other; for example, if a man be indicted for breaking a house in the night and stealing goods, evidence that he broke the house and intended to steal goods, would not support the indictment. In the case of the present prisoners, as applicable to the indictment that is now depending, the intent to steal was not evidence to prove the first indictment for breaking and stealing the goods; and if the crimes are so distinct that evidence of one will not support the other, it is inconsistent with reason to say that they are so far the same that an acquittal of one shall be a bar to a prosecution for the other - neither do legal authorities support such a prosecution. - Two cases were quoted on behalf of the prisoners. In Turner's case, in Kelynge, it is stated, that James Turner and William Turner were indicted of burglary, in breaking the house of Mr. Tryon in the night, and taking away great sums of money; James Turner was found guilty and executed, and William Turner was acquitted. And there being great evidence that William Turner was in the same burglary with James Turner, and there being 47l. of the money of one Hill, a servant of Mr. Tryon's, stolen at the same time, which 47l. was not in the former indictment. They would have indicted William Turner again for burglary, for breaking the house of Mr. Tryon, and taking thence 47l. the money of Hill. But the book says, we all agreed, that William Turner, being formerly indicted for burglary in breaking the house of Mr. Tryon, and stealing his goods and acquitted, he cannot now be indicted again for the same burglary of breaking the house; but we all agreed he might be indicted for felony, in stealing the money of Hill, for they are several felonies, and he was not indicted of this felony before, and so he was indicted; and afterwards I told my Lord Chief Justice Bridgman what we had done, and he agreed the law to be so as we had directed. - Now that case was no solemn judgment, for the prisoner was not indicted a second time for the burglary, it was merely a direction from the Judges to the officer of the Court how to draw the second indictment, and it proceeded upon a mistake, as I shall shew presently. If the Judges in that case exercised a little lenity before the indictment, which might have been more properly done after the conviction, much censure could not fall on them; but they proceeded on the ground that the prisoner having been indicted of burglary, in breaking the house of Mr. Tryon, he could not be indicted for the same burglary in breaking the house, he might be indicted for stealing the money of Hill. So in that case the Judges went upon the idea that the breaking the house and stealing the goods were two distinct offences, and that breaking the house only constituted the crime of burglary, which is a manifest mistake; it consisted of breaking the house and stealing the goods, and if stealing the goods of Hill was a dictinct felony from stealing the goods of Tryon, which it was admitted to be, the burglaries could not be the same; the fact was, the prisoner broke the house of Tryon, and stole the money of Tryon and Hill, at the same time; he had been tried for stealing the money of Tryon, and breaking his house; so that the prisoner's life in that case had been in jeopardy, but still the Judges held that he might be tried for stealing the money of Hill; and if no money of Hill had been stolen, probably the question would never have arisen in that case.

The case of Jones and Beaver proceeded wholly on the case of Turner, and if the foundation fails, that case must fall also; but authorities are not wanting to shew the principle and foundation upon which a plea of antre-fait

acquits is grounded. Hawkins, 2d Book, chap. 35. section 3. says, "If the party were never known by the"name in the first indictment, he much question whe-"ther the prisoner could be found guilty upon it; and,"if he could not, it seems plain, that his life having"never been in danger by it, the acquittal upon it can-"not be any bar to a subsequent indictment." Foster 361, says, "It is clear, that if A. be indicted as prin-"cipal, and B. as accessary, and both are acquitted,"yet B. may be indicted as principal in the same of-"fence, and his former acquittal is no bar." Again, 362."If a person indicted as principal cannot be con-"victed upon evidence tending barely to prove him to"have been an accessary before the fact, which, I think,"must be admitted. I do not see how an acquittal upon"one indictment could be a bar to a second for an of-"fence specifically different from it." And, in the case of the King and Pedley, K.B. Trin. Term, 1782, which was an indictment for Arson, there were Counts for burning the house of Francis Perry, the house of Thomas Combe , and the house of the Mayor and Corporation of Bristol. There was a special verdict, which found, that the Mayor and Corporation of Bristol were seised of three houses, who demised the same to Thomas Combe , who demised the same to Francis Perry , who demised them to a person of the name of L'Andree. It was, in fact, one and the same house, differently described in the indictment, as belonging to the different persons I have mentioned, except L'Andree, but there was no Count for burning the house of L'Andree. Upon this argument, the Court of King's Bench were of opinion, that as the house was in the possession of L'Andree, none of the Counts were proved; therefore, they gave judgment for the prisoner; but not being tried for burning the house of L'Andree, he was sent back to Bristol, and again tried, though he was acquitted.

Now, to apply the principle of these cases, the first indictment is for breaking and stealing goods; if it was proved on that indictment that the prisoners broke with intent to steal the goods but had not stole them, they could not have been convicted by such evidence on that indictment. They have not been tried, nor were their lives ever in jeopardy for this offence of breaking the house with intent to steal the goods. For this reason, the Judges are all of opinion that the plea is bad, that there must be a judgment for the prosecutor upon the demurrer, and that they must take their trials upon the present indictment.

Mr.JUSTICE BULLER DELIVERED THE OPINIONS OF THE JUDGES ON THE FOLLOWING CASES:

Reference Number: s17960622-1

WILLIAM TILLEY , and others.

WILLIAM TILLEY , and several others, were tried this time twelvemonth, and the case was this: One Isdwell Isdwell was apprehended for forgery, and was committed to Clerkenwell prison, and detained there for felony till the 3d of April, on which day, the indictment charged, that the prisoners were unlawfully aiding and assisting the said Isdwell Isdwell, then being a prisoner in the said gaol, by virtue of a warrant of commitment, to attempt to make his escape. The prisoners were convicted upon this indictment; and after the verdict, two objections were made by the Counsel for them, First, that the statute did not extend to any case in which there was an actual escape, And secondly, that the indictment, upon the face of it, was informal, because it did not, in words, state that Isdwell ever attempted to make his escape. These two questions have been argued very fully before all the Judges; and, in the course of that argument, Mr. Knowlys, on the part of the prisoners, relied upon a case reported in Keilwey, 87. to support the objection which he had made to the indictment. The indictment in that case was for felony, in breaking the prison, and abetting and commanding the prisoner to go at large, but did not state that the prisoner actually did go at large. The decision was, that if there was no escape there was no felony, and the abetting and commanding did not import that there was an escape; but upon this case it is to be observed, that abetting and commanding to do an act are very different from aiding and assisting in the act, and, therefore, that case will not govern the present; a man may command another to do an act which is never done; where the act is done, the command precedes the act, and, therefore, the averment of a command does not simply a subsequent execution of that demand; but no man can aid or assist another in an act unless the act be done, and, therefore, the averment that the prisoner aided and assisted in the attempt necessarily implies that the attempt was made. It is impossible to make sense of the words, or to read them intelligibly, without saying, in this case, that there was such an attempt. Besides this, in the cases of the King and Glover, and the King and Manwood, both of which were (the indictment is stated in Tremaine) indictments against the Marshal and Wardens for escapes, and they stated, only, that the defendants permitted the prisoners to go at large, without alledging that they actually did go at large; and yet no objection was taken against either of those indictments. For these reasons, the objections to the present indictment have been overruled by the unanimous opinion of all the Judges. But it was also contended, on behalf of the prisoners, by Mr. Knowlys, that as there was an actual escape, this case did not fall within the 16th of George II . chap. 31. upon which the present indictment is founded. This objection ought to have been made upon the trial, and before the verdict; but in criminal cases, it is never too late to revise what has been done; and if, at any time, it appears that the prisoners were entitled to an advantage, though the objection may be made out of time, the Courts are always anxious to give the prisoners the benefit of the objection, and to find out some way in which they may avail themselves of it. The statute of 16 George II. enacts, "That if any person shall, by any means whatever, be aiding and assisting to any prisoner to attempt to make his escape, although no escape be actually made, in case such prisoner is attainted of treason, or felony, except petty larceny, in the warrant of commitment, he shall be guilty of felony and transported." The Judges are of opinion, that this case does not extend to cases where an actual escape is made, but must be confined to cases of an attempt without effecting the escape itself. It is made for the further punishing the persons who shall aid and assist persons attempting to escape, and it creates a new felony; but the offence of assisting a felon in making an actual escape was felony before, and, therefore, does not seem to fall within the view or intention of the Legislature when they made the act in question. Upon this ground, the majority of the Judges are of opinion, that the conviction is improper; but as the objection does not appear upon the face of the record, the Court can only assist the prisoners by recommending them for a pardon of this felony , which they mean to do. In point of law, the prisoners would still be liable to be indicted for the common law offence, but, as they have undergone a long imprisonment already, the Court do not mean to keep them in custody for that purpose. One of them, William Crosswell , appears to be indicted for another felony, that indictment must take its usual course, and, for the present, he must remain in custody to answer to that charge.

THE prisoner, John Henry Gade was tried at the Sessions at this place, holden in February last, on an indictment which charged that William Harrison was possessed of an interest or share of 50l. in the joint stock of 3 per cent. Consolidated Annuities; and that the prisoner made, forged, and counterfeited, and caused and procured to be made, forged, and counterfeited, a transfer of the said 50l. interest with the name of William Harrison thereto subscribed, with intent to defraud the Governor and Company of the Bank of England. There were other counts stated in the indictment, charging an intention to defraud William Harrison and William West .

In support of the charges in the indictment it was proved that the prisoner and Henry Harland were executors of John Howard , who bequeathed to his grandson William Harrison , this 501. share; that on the 11th of January, 1796, the prisoner transferred this 50l. into the name of William Harrison , but the transfer never was accepted by William Harrison ; that afterwards, on the 14th of January, the prisoner brought his son with him to the Bank, whom he said to be William Harrison ; the prisoner signed the transfer, and the prisoner's son, in his presence, signed the transfer, which was properly filled up; but as he wrote his name with a double S, it was required of him to bring an affidavit that he was the person described in the books with a single S, and therefore the broker did not pay the money, and the transfer was not witnessed, which according to the usual form of the Bank should have been done. It appeared also, by the clerks in the Bank, that dividends may be received at the Bank without being accepted, but there are positive orders that there shall be no transfer without, though with the stock-jobbers the transfer is too often made without being accepted.

The prisoner's Counsel made objections, first, that the transfer was not compleated, because it was not accepted, that was the transfer to Harrison; and secondly, that this transfer, which was made or attempted to be made by the prisoner and his son, was not valid, because it was not attested by any witness. These two questions were argued by Mr. Jackson, on behalf of the prisoner, before all the Judges. The first, as I observed is, that the transfer of the stock made to William Harrison was not accepted by him, and therefore it was contended that William Harrison was not the proprietor, nor capable of transferring the stock. But to this there are two answers, first, that by the transfer the property did vest in William Harrison ; and if he had died before he had accepted it, yet the stock would have gone to his executors, as part of his personal estate; secondly, if William Harrison had no stock, that would not vary this case; for the transfer forged by the prisoner is compleat on the face of it, and it imports that there is such stock to be transferred; if there was no stock in the name of William Harrison the attempt to transfer such stock is more daring and impudent, but neither the forgery or the fraud are less complete. The other objection was, that the signing of a transfer of stock in the books kept by the Governor and Company of the Bank of England, was not complete as a transfer until it was witnessed, but the Judges are all of opinion that a transfer is complete without such attestation; for the attestation is no part of the instrument, and is only required by a regulation of the Bank for their own protection. In the case of Bank notes, a regulation is required that the number of the note should be put at each end of it, but if the number be put at one end only there is no doubt but the note would be good, and therefore making a false note of that description would be a forgery. - Mostatt's case bears no resemblance to this; that was the case of a bill of Exchange for a sum under five pounds, and upon the face of that paper it appeared to every person who saw it, that it was not a bill of Exchange, but was absolutely null and void; but here the transfer on the face of it is complete, and no person who looks at that can collect from it that if it is genuine it would not be a complete transfer of the stock. For these reasons all the Judges are of opinion that the conviction is proper.

THE prisoner, Michael Robinson , was tried in February last, on an indictment, charging, that he, unlawfully and feloniously did send a certain letter in writing, bearing date the 12th of January, 1796, without any name subscribed thereto, to James Oldham Oldham , demanding of, and from the said James Oldham Oldham , a certain valuable thing, that is to say, a Bank note. There was a long correspondence, a great many letters were written by the prisoner, in which he endeavoured to work upon the fears of Mr. Oldham, with a view to extort money from him, and the result of the evidence was, that a letter was sent by the prisoner, signed with the letters R.R. which contained a threat to publish a libel on the prosecutor, Mr. Oldham. imputing to him the murder of one Daniel Dolly , unless Mr. Oldham would enclose a Bank note in a letter, addressed to R.R. and to be left at the Cambridge Coffee-house, the top of Newman-street, in Goodge-street; the letter says, "On the side of the bar, at the entrance of the coffee-room, is a bracket for letters, let it be placed

there, between the hours of eleven and one on Thursday next. On that same day, a line shall be sent by a porter to your house to acknowledge the receipt." Upon this evidence, the Jury found the prisoner guilty, but the sentence was respited, in order to take the opinion of the Judges upon different objections, which have been stated by the Counsel for the prisoner. The Learned Judge, who tried that case, stated that he had directed the Jury to say, whether he had sent the letter of the 12th of January, and whether it did not contain a threat to publish a libel, imputing to him the death of Mr. Dolly. And the Jury were directed, that if they were of that opinion, to find him guilty of sending a letter to the prosecutor, threatening to publish a libel, imputing to him the murder of his master, in order to extort money.

This case was argued before the Judges, on behalf of the prisoner; four objections were made to the conviction. First, that this was not a letter without a name. Secondly, that the letter did not contain a threat, or demand, so as to bring the case within the intent and meaning of the statute. 9 Geo. I. chap. 22, upon which this indictment is founded. Thirdly, that a Bank note was not a valuable thing within the meaning of that act. And fourthly, that supposing this case to fall within the words and meaning of that statute, yet, that it is the precise offence described by the statute of 30 Geo. II. which, by making it a misdemeanor only. is a virtual repeal of the statute of 9 Geo. I. upon which this indictment is founded.

As to the first, whether it is with or without a name, is a simple fact, appearing upon the face of the letter itself, it is signed with the two letters R.R. which are so far from being a name, that no man can tell by looking at the letter only, whether it referred to any name, or what name it was.

The second objection depends upon the true construction of 9 Geo. I. The words of the enacting clause are, "If any person, or persons, shall knowingly send"any letter without any name, subscribed thereto, or"signed by a fictitious name, demanding money, ve-"nison, or other valuable thing, he shall be adjudged"guilty of felony, and shall suffer death as in cases of"felony, without benefit of clergy." The statute speaks of a demand, generally, without requiring any particular circumstances, whether it is by letter without a name, or with a fictitious name, but the preamble recites, that several persons had associated, under the name of Blacks, and entered into confederacies, to support and assist one another in stealing and destroying the dear, robbing warrens, and other illegal practices, and have in great numbers armed themselves with their faces blacked, or in disguised habits, killed the deer, robbed the warrens, and have sent letters in fictitious names to several persons, demanding venison, and money, and threatening some great violence, if such their unlawful demands should be refused; and it was contended, by Mr. Jackson, for the prisoner, that the enacting clause ought to be restrained by the preamble, or at least so far that the demand must be direct and peremptory, and accompanied with a threat of bodily harm. Where the enacting clause of a statute refers to such offences only, as are contained in the preamble, it may be restrained by the preamble, but in this case it would be doing violence to very plain words, if it was so restrained. It is no uncommon thing for a statute to recite the cause of making that statute, and yet for the enacting part of it to embrace more general cases. If the enacting clause in this case were to be restrained by the preamble, it would refer only to where several persons are joined together in a confederacy, where the letter is signed with a fictitious name only, and where they demand venison or money, but a letter signed with or without a name, extending to a demand of any valuable thing, as well as of money or venison, and to all demands, by such letters, whethere accompanied with a threat of bodily harm or not, I agree that a mere request, such as asking charity, without imposing any conditions, would not come within the sense or meaning of the word demand; but here the demand is, as the Jury truly said, when they found a general verdict of guilty of sending a letter, threatening to publish a libel containing a threat to impute the death of his master. The Judges are all clearly of opinion, that it is a demand within the true intent and meaning of the statute, it is a demand of money or mony's worth, which a Bank note is, by means of holding out a threat to impute murder to the prosecutor, and to injure his same, and his character, and not a request of voluntary charity. That a Bank note was a valuable thing, at the time the demand was made, was rightly admitted by the Counsel for the prisoner; but it was contended that it was not so at the time of making the statute, because it was not a subject of larceny. The Judges are all of opinion, that if the thing demanded be valuable at the time of the demand, that is sufficient, though the thing demanded did not exist, or the value of it was not known when the statute was made; but in truth, a Bank note was a valuable thing at the time the statute was made, though it might not come under the denomination of goods or chattels, or be the subject of larceny, but it might at any time be turned into cash, and was to the owner of the value of the money for which it was given.

The only remaining question is, whether the statute 9 Geo. I. upon which this prosecution is founded, was repealed. It was truly contended by Mr. Jackson for the prisoner, that if one Act of Parliament makes a particular case a capital offence, and a subsequent Act of Parliament makes it only a misdemeanor, the last act is a repeal of the former, and so it was decided in one Davies's case, in 1783, upon this statute, which makes it a capital offence to kill or wound any deer, in any park. The statute 16 Geo. III. chap. 30, having made that a misdemeanor only, was holden to be a repeal of the former; but if the two statutes can stand together, that does not apply here; the 9th Geo. I. extends to such cases only, in which there is an actual demand, and the 30th Geo. II. reaches cases which fall short of a demand, and includes letters sent with a view to extort money, though no demand is made. The consequence is, that none of the objections are well founded, and the conviction is right.

THESE two prisoners were indicted for that they, on the 19th of November, in the 36th year of the present King's reign, about the hour of six in the night of the same day, the dwelling-house of Merriel Neville , spinster, and Ann Neville , spinster, did break and enter, with intent the goods and chattels of the said Merriel and Ann Neville to steal, take, and carry away. To this indictment they pleaded specially, that at the same Sessions of Gaol Delivery holden at this place, they stood indicted for that they, on the 19th of November, in the 36th year of the King's reign, about the hour of six in the night, the dwelling-house of Merriel Neville , spinster, and Ann Neville , spinster, did break and enter, and one pair of scales, and a great many other things, the goods and chattels of Merriel Neville, spinster, other goods the property of Ann Neville , spinster, and other goods the property of Susannah Gibbs, widow, in the said dwelling-house then being, burglariously did steal, take, and carry away, and that upon that indictment they were tried and acquitted. Thus they have pleaded in bar to the indictment which is now depending; to this special plea there was a demurrer upon the part of the prosecution, and that demurrer has been argued before all the Judges of England. On the part of the prisoners it was contended by Mr. Knowlys, that as the house mentioned in the two indictments, and the times mentioned in each indictment when the offence was committed was the same, therefore the offence was the same, and the acquittal on the former indictment was a bar to the present prosecution. He also defined burglary to be a felonious breaking of the dwelling-house and stealing the goods, or with intent to commit a felony, and relied upon two case in Kelynge.

The question in this case is, whether the two offences described in the two indictments can be said to be the same; that there was only one act of breaking the house, and one felony at one time must be taken to be clear, but that does not decide the question. The crime of burglary is of two sorts, first breaking and entering in the night-time, and stealing goods there: secondly, breaking and entering in the night-time with intent to commit a felony, though that felony be not committed; the circumstance of breaking is common and essential to both, but it does not of itself constitute the crime in either, for there must be a larceny committed or a felony intended, without one of them the crime of burglary does not exist; and these offences are so distinct in their nature, that evidence of one will not support an indictment for the other; for example, if a man be indicted for breaking a house in the night and stealing goods, evidence that he broke the house and intended to steal goods, would not support the indictment. In the case of the present prisoners, as applicable to the indictment that is now depending, the intent to steal was not evidence to prove the first indictment for breaking and stealing the goods; and if the crimes are so distinct that evidence of one will not support the other, it is inconsistent with reason to say that they are so far the same that an acquittal of one shall be a bar to a prosecution for the other - neither do legal authorities support such a prosecution. - Two cases were quoted on behalf of the prisoners. In Turner's case, in Kelynge, it is stated, that James Turner and William Turner were indicted of burglary, in breaking the house of Mr. Tryon in the night, and taking away great sums of money; James Turner was found guilty and executed, and William Turner was acquitted. And there being great evidence that William Turner was in the same burglary with James Turner, and there being 47l. of the money of one Hill, a servant of Mr. Tryon's, stolen at the same time, which 47l. was not in the former indictment. They would have indicted William Turner again for burglary, for breaking the house of Mr. Tryon, and taking thence 47l. the money of Hill. But the book says, we all agreed, that William Turner, being formerly indicted for burglary in breaking the house of Mr. Tryon, and stealing his goods and acquitted, he cannot now be indicted again for the same burglary of breaking the house; but we all agreed he might be indicted for felony, in stealing the money of Hill, for they are several felonies, and he was not indicted of this felony before, and so he was indicted; and afterwards I told my Lord Chief Justice Bridgman what we had done, and he agreed the law to be so as we had directed. - Now that case was no solemn judgment, for the prisoner was not indicted a second time for the burglary, it was merely a direction from the Judges to the officer of the Court how to draw the second indictment, and it proceeded upon a mistake, as I shall shew presently. If the Judges in that case exercised a little lenity before the indictment, which might have been more properly done after the conviction, much censure could not fall on them; but they proceeded on the ground that the prisoner having been indicted of burglary, in breaking the house of Mr. Tryon, he could not be indicted for the same burglary in breaking the house, he might be indicted for stealing the money of Hill. So in that case the Judges went upon the idea that the breaking the house and stealing the goods were two distinct offences, and that breaking the house only constituted the crime of burglary, which is a manifest mistake; it consisted of breaking the house and stealing the goods, and if stealing the goods of Hill was a dictinct felony from stealing the goods of Tryon, which it was admitted to be, the burglaries could not be the same; the fact was, the prisoner broke the house of Tryon, and stole the money of Tryon and Hill, at the same time; he had been tried for stealing the money of Tryon, and breaking his house; so that the prisoner's life in that case had been in jeopardy, but still the Judges held that he might be tried for stealing the money of Hill; and if no money of Hill had been stolen, probably the question would never have arisen in that case.

The case of Jones and Beaver proceeded wholly on the case of Turner, and if the foundation fails, that case must fall also; but authorities are not wanting to shew the principle and foundation upon which a plea of antre-fait

acquits is grounded. Hawkins, 2d Book, chap. 35. section 3. says, "If the party were never known by the"name in the first indictment, he much question whe-"ther the prisoner could be found guilty upon it; and,"if he could not, it seems plain, that his life having"never been in danger by it, the acquittal upon it can-"not be any bar to a subsequent indictment." Foster 361, says, "It is clear, that if A. be indicted as prin-"cipal, and B. as accessary, and both are acquitted,"yet B. may be indicted as principal in the same of-"fence, and his former acquittal is no bar." Again, 362."If a person indicted as principal cannot be con-"victed upon evidence tending barely to prove him to"have been an accessary before the fact, which, I think,"must be admitted. I do not see how an acquittal upon"one indictment could be a bar to a second for an of-"fence specifically different from it." And, in the case of the King and Pedley, K.B. Trin. Term, 1782, which was an indictment for Arson, there were Counts for burning the house of Francis Perry, the house of Thomas Combe , and the house of the Mayor and Corporation of Bristol. There was a special verdict, which found, that the Mayor and Corporation of Bristol were seised of three houses, who demised the same to Thomas Combe , who demised the same to Francis Perry , who demised them to a person of the name of L'Andree. It was, in fact, one and the same house, differently described in the indictment, as belonging to the different persons I have mentioned, except L'Andree, but there was no Count for burning the house of L'Andree. Upon this argument, the Court of King's Bench were of opinion, that as the house was in the possession of L'Andree, none of the Counts were proved; therefore, they gave judgment for the prisoner; but not being tried for burning the house of L'Andree, he was sent back to Bristol, and again tried, though he was acquitted.

Now, to apply the principle of these cases, the first indictment is for breaking and stealing goods; if it was proved on that indictment that the prisoners broke with intent to steal the goods but had not stole them, they could not have been convicted by such evidence on that indictment. They have not been tried, nor were their lives ever in jeopardy for this offence of breaking the house with intent to steal the goods. For this reason, the Judges are all of opinion that the plea is bad, that there must be a judgment for the prosecutor upon the demurrer, and that they must take their trials upon the present indictment.